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ERSONAL INSTRUCT 


PLURIBUS^N^ 


WASHINGTON: 

GOVERNMENT PRINTING OFFICE 

1885 . 




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PERSONAL INSTRUCTIONS 


TO THE 


DIPLOMATIC AGENTS OF THE UNITED STATES 


FOREiaN OOXinSTTEIES. 



WASHINGTON: 

GOVERNMENT PRINTING OFFICE. 

1885 . 

15775 D A 



I 














LC Control Number 



2007 619142 





















% 


Department of State, 


Washington, 


JM. 


, 18^1 

of the United States at : 


Sir: I transmit herewith the general personal instructions which 
have been prescribed by the President for the information and govern¬ 
ment of the Diplomatic Agents of the United States abroad. They are 
intended to supersede those which have been heretofore issued by this 
Department, including diplomatic circulars dated prior to March 15, 
1884, and are to be carefully observed in all respects. 

I am, sir, your obedient servant. 








SPECIA.L NOTICE TO DIPLOIMATIC AGENTS. 


1 . The followiug regulations are prescribed for the information and 
guidance of Diplomatic Agents in the discharge of their official duties* 
It is expected that they will be carefully examined before applying to 
the Department of State for instructions. When, however, after an 
examination of these regulations and any other instructions, specia^^ 
or otherwise, which they may have received, Diplomatic Officers shall 
find themselves without directions how to act in any case, they may 
write to the Department on the subject. Otherwise they will be ex¬ 
pected to act upon the regulations herein contained, and upon such other 
special instructions as they may from time to time receive. 

Article I.—Receiving Instructions. 

2. After receiving his commission and filing the prescribed oath in 
the Department, the Diplomatic Agent will be furnished with the fol. 
lowing papers: 

a. A sealed letter of credence signed by the President and addressed 
to the head of the state to which the Agent is sent. In the case of a 
commissioned Charge d’Affaires the letter of credence will be addressed 
by the Secretary of State to the Minister for Foreign Affairs. 

b. An open office-copy of the letter of credence. 

c. A special official passport for himself, his family, and suite. 

d. A copy of the Annual Register of the Department of State. 

e. A letter of credit upon the bankers of the United States in Lon¬ 
don, whenever he is directed to draw his salary and contingent allow, 
ances from that source. This letter of credit will be in duplicate, and 
the Diplomatic Agent will attach his signature to both the original and 
the duplicate, returning the former to the Department of State and 
retaining the latter for his personal security and convenience. 

Diplomatic Agents not receiving their salary and contingent allow¬ 
ances through the London bankers will be suitably instructed as to the 
mode of drawing them. 

/. A dated and signed copy of these printed Instructions, with any 
circular instructions modifying them. 

g. A copy of the printed Consular Regulations and of any circular in¬ 
structions, modificatory or explanatory thereof, on points touching the 
business of a mission. 

3 . The Diplomatic Agent will also receive such general and special 
instructions as the Secretary of State may deem it necesfsary to give 
him for his guidance in regard to pending or new subjects of nego¬ 
tiation. 

4 . It is usually expected that the newly-appointed Agent will come 
to Washington to confer with the Secretary of State uptm matters con¬ 
nected with his mission, although special circumstances may require or 
permit this formal visit to be omitted. 


When Instruc¬ 
tions may be asked. 


Papers furnished 
to the agent. 


General and spe¬ 
cial instructions. 


Visit to Wash¬ 
ington to receive 
instructions. 


O 


6 


Exaininatiou of 
previous corre- 
spoudence of the 
mission. 


Compeusati on 
during instruction 
period. 

ReA'ised Statutes, 
sec. 1740. 


Accounts for iu- 
struction salary. 


Instruction sal¬ 
ary not paid for 
more than thirty 
days. 

Revised Statutes, 
S(ec. 1740. 

No allowance for 
outfit, &c. 

Revised Statutes, 
sec. 1743. 


Departure for 
post. 


Revised Statutes, 
sec. 1742; and Sup¬ 
plement, vol. I, p. 


5 , During such visit the Agent will familiarize himself, by inspec¬ 
tion of the correspondence on file in the Department of State, with the 
general state of the business of the mission to which he is appointed, 
and the condition of pending questions with the Government to which 
he is accredited. 

6 , For the purpose of receiving these general and special instructions, 
and also to admit of preparation for the journey to the Agent’s post of 
duty, salary may be allowed for a period not to exceed thirty days. It 
is not, however, intended that the whole of this period shall in every 
case be granted and availed of as a right, but only so far as may be 
necessary under the circumstances of each case. 

7 , Accounts for instruction salary should, if possible, be rendered to 
tbe Department of State and adjusted prior to the departure of the 
Agent for his post. 

8, There is no authority of law to allow a newly-appointed Diplomatic 
Agent salary for any time (beyond the instruction period of thirty days) 
during which he may be detained in this country awaiting means of 
transit or by reason of his private affairs. 

9, No advance of salary or allowance in the nature of an outfit is 
permitted by law; neither is transportation, nor any payment in lieu 
thereof, furnished by the Government. 


Article II.—Transit to Post. 


10 . Having received the papers and instructions mentioned in the 
preceding sections, the Diplomatic Agent will jrroceed by the most con¬ 
venient and direct route of usual travel to the seat of the Government 
to which he is accredited. Salary is allowed for the time actually and 
necessarily employed in the transit, not, however to exceed the limits 
prescribed in the succeeding section. 

11. Pursuant to the authority conferred upon the Secretary of State 
by the act of June 11, 1874, section 4, he has established, determined, 
and made public the following schedule of the maximum amount of time 
actually necessary in which to make the transit between each diplomatic 
post ill the countries named and the city of Washington, and viee versa, 


viz: 

Argentine Eepublic (Buenos Ayres). 

Austria-Hungary (Vienna).. 

Belgium (Brussels). . 

Bolivia (La Paz). 

Brazil (Bio de Janeiro) ... 

Central American States (to the usual seat of the Legation at 

Guatemala City). 

Chili (Santiago). 

China (Peking)... 

Columbia (Bogota). . 

Corea (Seoul). 

Denmark (Copenhagen). . 

Egypt (Cairo). 

France (Paris) . . 

Germany (Berlin). 

Great Britain (London) ... 

Greece (Athens)... 

Hawaiian Islands (Honolulu). 

Hayti (Port au Prince). 


45 days. 
30 days. 
20 days. 
50 days. 
40 days. 

30 days. 
45 days. 
70 days. 
35 days. 
65 days. 
25 days. 
35 days. 
20 days. 
25 days. 
20 days. 
35 days. 
35 days. 
15 days. 




















7 


Italy (Roitie). 30 days. 

Japan (Tokio) .♦.40 days. 

Liberia (Monrovia). 40 days. 

Mexico (City of Mexico). 18 days. 

Netherlands (The Hague) . 20 days. 

Persia (Teheran). 65 days. 

Peru (Lima). 40 days. 

Portugal (Lisbon). 30 days. 

Roumania (Bucharest).30 days. 

Russia (St. Petersburg). 30 days. 

Servia (Belgrade) . 30 days 

Siam (Bangkok).. 60 days 

Spain (Madrid).25 days 

Sweden and Norway (Stockholm). 25 days 

Switzerland (Berne). 25 days. 

Turkey (Constantinople). 40 days. 

Uruguay and Paraguay (Montevideo) .45 days. 

Venezuela (Caracas). 25 days. 


1 2, The periods prescribed in the foregoing table are determined for Transit when the 
the journey to and from the usual seats of legation at the capitals of ig n*o°/^”the°^p^- 
the respective countries. In case the seat of the Government or the tal. 
residence of its executive head is temporarily elsewhere than at the 
national capital, the fact should be reported to the Department of State? Case to be re¬ 
fer instructions. ported. 


13, Allowance will also be made for the time necessarily occupied 
for the journey, when actually made, by the most direct mode of conv'ey- 
ance from the residence of the Diplomatic Agent, if in the United 
States, to Washington. 

14. Persons appointed to posts in the American hemisphere will not 
proceed to or return from them by the way of Europe, unless it shall be 
shown to the satisfaction of the Department that such a course saves 


Transit from res¬ 
idence to Washing¬ 
ton. 

Supplement t o 
Revised Statutes, 
vol. I, p. 36. 

Revised Statutes, 
sec. 1740. 

Transit to an 
American country. 


time. 

1^5, It is not expected that any part of the transit-time allowance Transit to be di- 

* r6Ct *lDCl tl8 GXT)0(ii» 

which may be economized by a rapid ocean voyage, close connections, t ^s possible, 
or otherwise, shall be made use of by the way to prolong the journey 
or to deviate from the usual lines and modes of travel for purposes of 
pleasure or sojourn; the Diplomatic Agent will use due diligence to 
reach his post as speedily as possible after quitting Washington. 

16. Every etfort should be made to guard against delays by becom- Delays in transit 
ing acquainted before departure with the usual lines of communica- 
rion. 


1 7, It is frequently represented to the Department that the journey Delay by illness, 
of a Diplomatic Agent to his post has been delayed by circumstances 
entirely beyond his control. The Department of State can lay down 
no rule in respect to such cases. The statute provides that the schedule Snpplement t o 
of allowances of time for transit shall be determined and made public; Sututes. 

that it .shall in no ca.se be exceeded, and that modification thereof shall 
be made in like manner as the original schedule. Diplomatic Agents Excess of transit 
whose transit journey may be so delayed will under no circumstances ^^"awiTfo? 
draw for, or render an account covering, more transit time than is fixed 
in the existing schedule; but they may report the fact of such delay to 
the Department and request instructions thereon. 





















8 


Appointment o f 
persons not in the 
United States. 


Passage of Dip¬ 
lomatic Officers in 
naval vessels. 


When salary at 
post begins. 


Should notify 
predecessor of in¬ 
tended arrival. 


Passage through 
a third country. 


Preliminaries to 
formal reception. 


Communication 
of office copy of 
credential s o f a 
Minister. 


18. Should a person at the time residiuj?, trav^eling, or sojourning 
abroad be appointed to a Diplomatic post he will refrain from drawing 
salary or rendering accounts covering transit and instruction periods, 
until, after reporting to the Department of State the facts necessary to 
an understanding and decision of the matter, he shall receive the in¬ 
structions of the Secretary of State. His regular salary will, however, 
begin from the date of his entrance upon his official duties, and be avail¬ 
able without further special instructions. 

19 . Passage in a naval vessel is sometimes accepted by, or ordered 
for. Diplomatic or other Officers of the Dnited States. It is not 
expected that in any such case the commander of the vessel shall be 
chargeable with tne additional expense which he may thereby incur. 
Consequently, before embarking in any such vessel, the Diplomatic 
or other Officer will come to an understanding upon the subject with the 
commander, and will himself be expected to defray the additional ex¬ 
pense referred to, unless he shall have been previously authorized by the 
Department of State to make a separate charge therefor against the 
Government. 

Article 111.—Arrival at Post and JCiitraiicc upon Official Rela¬ 
tions. 

20 . So far as the Diplomatic Agent’s relations to his own Govern, 
ment are concerned, his allotted time of transit is held to cease, and his 
regular term of office for which he is entitled to receive salary is deemed 
to begin on the da^’ of reaching the seat of the mission to which he 
is appointed, even though he may not be able to enter on that da^' upon 
official relations with the Government to which he is accredited. 

21 . It is advisable for a Diplomatic Agent to give informal notice to 
his predecessor, if the latter be at the post, some days before his ex¬ 
pected arrival, in order that any usual courteous exemptions in favor of 
his personal effects and those of his family and suite may be extended 
at the frontier custom-house. Should he have occasion to pass through 
the territory of a third State on the jouruey to his post, the like cour¬ 
tesies may be granted on being requested through the Diplomatic repre¬ 
sentative of the United States in such third country; but this is a privi¬ 
lege, and not a right. 

PRESENTATION OF CREDENTIALS. 

22 . In most cases, a Mission of the United States will be found 
already established at the seat of Government, and still in charge of 
the outgoing representative, or of a Charge d’Affaires ad interim. In 
either case, the newly-arrived agent should seek, through the actual 
incumbent of the Mission, an informal conference with the Minister 
for Foreign Affairs, or such other officer of the Government to which he 
is accredited as may be found authorized to act in the premises, and 
arrange with him for his official reception. He should at the same time, 
in his own name, address a formal note to the Minister for Foreign 
Affairs, communicating the fact of his appointment and his rank, and 
requesting the designation of a time and place when he may present 
his letter of credence. 

23 . Should the Diplomatic Agent be of the grade of Envoy Ex¬ 
traordinary and Minister Plenipotentiary, or Minister Resident, in 
either of which cases he will bear a letter of credeuce signed by the 


9 


President and addressed to the Chief of the Government, he will, on 
asking audience for the purpose of presenting the original in person, 
communicate to the Minister for Foreign Aifairs the open office copy 
which accompanies his original instructions. He will also, for the com¬ 
pletion of the archives of his Legation, prepare and retain on file a 
copy of his credentials. 

24. If, however, the Agent be of the rank of Charg6 d’Affaires bear¬ 
ing a letter of credence addressed to the Minister for Foreign Affairs, 
he will, on addressing to the Minister the formal note prescribed in 
section 23, communicate to him the office copy of his credential letter 
and await the Minister’s pleasure as to receiving the original in a per¬ 
sonal interview. 

25 . On the occasion of presenting ceremonial letters of recall or 
of credence, to the head of the Government, it is usual at most capitals 
for the retiring or incoming Diplomatic Agent to make a brief address 
pertinent to the occasion. This address should be written and spoken 
in the English tongue by the representative of the United States. 

Before the day fixed for his audience of reception or of leave-taking, 
he should furnish to the Minister for Foreign Affairs a copy of his pro¬ 
posed remarks, in order that a suitable reply thereto may be prepared. 

A copy of the address and of the reply must be sent to the Depart¬ 
ment of State. 

26 . When the retiring representative is, like his successor, of the 
grade of Envoy Extraordinary and Minister Plenipotentiary, or Minis¬ 
ter Resident, it is customary for him to present his letter of recall in 
the same audience in which his successor presents his credential letter; 
unless for some sufficient cause he should have been obliged to take 
formal leave and present his letter of recall before the presentation of 
his successor. 

27 . It sometimes happens that the retiring Dijilomatic Agent may 
not have received his letter of recall from the Department of State in 
season to present it in person before his departure. In such cases his 
successor, or if need be (after receiving special instructions to that 
effect), the Charge d’Affaires ad interim, when there is one, will pre¬ 
sent the letter of recall in such manner as may be indicated to him by 
the Minister for Foreign Affairs. 

28 . In the ceremonies on all formal occasions the Diplomatic Agent 
will be governed by the established usage of the country of his official 
residence. There is usually at foreign courts an officer having charge 
of such ceremonial matters, and it may often be advisable to confer 
with him informally in order to insure appropriate conformity to estab¬ 
lished rules. 

29 . There is also in each country" an established rule as to official 
calls. The Diplomatic Agent should, immediately upon his arrival, in¬ 
form himself upon this subject, and conform strictly to the rule. 

30 . If the Legation be provided with a Secretary, the newly-arrived 
Diplomatic Agent should be accompanied by him in the official ceremony 
of presenting credentials and in his subsequent official visits to his col¬ 
leagues. 

31. A Diplomatic Agent should omit no occasion to maintain the 
most friendly personal and social relations with the members of the 
Government and of the diplomatic body at the place of his residence; 
but it is not to be expected that he shall incur onerous charges for hos¬ 
pitality and entertainment. 

15775 D A- 2 


Of a Charge 
d’Affaires. 


Ceremonial a d - 
dress on presenta¬ 
tion. 


His predecessor's 
audience of leave- 
taking. 


Presentation o f 
letters of recall. 


Conformity t o 
ceremonial usage 
enjoined. 


Ceremonial eti¬ 
quette of diplo¬ 
matic visits. 

To be accompa¬ 
nied by Secretary 
of Legation. 


Relations with 
colleagues. 



Official duties be¬ 
gin. 


Rules of the Con¬ 
gress of Vienna. 


Grade of minis¬ 
ters sent by the 
United States. 


10 

The official duties of a Diplomatic Ageut begin on the day of 
his formal reception. 

Article IV.—Cliaracfer aud Relative Rank. 

33 . For the sake of convenience and uniformity in determining the 
relative rank and precedence of diplomatic representatives, the Depart¬ 
ment of State has adopted and prescribed tlie seven rules of the Con¬ 
gress of Vienna, found in the protocol of the session of March 9, 1815, 
and the supplementary or eighth rule of the Congress of Aix-la-Cha- 
pelle of i^ovember 21, 1818. They are as follows: 

“In order to prevent the inconveniences which have frequently oc¬ 
curred, aud which might again arise, from claims of precedence among 
different Diplomatic Agents, the Plenipotentiaries of the Powers who 
signed the TreaD” of Paris have agreed on the following articles, and 
thej' think it their duty to invite the Plenipotentiaries of other crowned 
heads to adopt the same regulations: 

“Article I. Diplomatic Agents are divided into.three classes: That 
of Ambassadors, Legates, or Nuncios; that of Envoys, Ministers, or 
other per.sons accredited to Sovereigns; that of Charges d’Affaires 
accredited to Ministers for Foreign Affairs. 

“Art. II. Ambassadors, Legates, or Nuncios only have the repre¬ 
sentative character. 

“Art. hi. Diplomatic Agents on an extraordinary mission have not, 
on that account, anj^ superiority of rank. 

“Art. IV. Diplomatic Agents shall take precedence in their respect¬ 
ive classes according to the date of the official notification of their 
arrival. The present regulation shall not cause any innovation with 
regard to the representative of the Pope. 

“Art. V. A uniform mode shall be determined in each state for the 
reception of Diplomatic Agents of each class. 

“Art. VI. Relations of consanguinity or of family alliance between 
courts confer no precedence on their Diplomatic Agents. The same 
rule also applies to political alliances. 

“Art. VII. In acts or treaties between several powers which grant 
alternate precedence, the order which is to be observed in the signa¬ 
tures shall be decided by lot between the Ministers. 

“Art. VIII. It is agreed that Ministers Resident accredited to them 
shall form, with respect to their precedence, an intermediate class be¬ 
tween Ministers of the second class and Charges d’Affaires.” 

34 . The representatives of the United States are of the second, the 
intermediate, and the third classes, as follows: 

A. Envoys Extraordinary and Ministers Plenipotentiary. Special 
Commissioners, when styled as having the rank of Envoy Extraordi¬ 
nary and Minister Plenipotentiary. 

B. Ministers Resident. 

These grades of representatives are accredited by the President. 

C. Charges d’Affaires, comniissioTied by the President as such, and 
accredited by the Secretary of State to the Minister for Foreign Affairs 
of the Government to which they are sent. 

D. Charges d’Affaires ad interim. There are in most cases Secreta¬ 
ries of Legation, who, ex-officio, act as temporary chiefs of mission in the 
absence of the Minister, and need no special letter of credence. In the 
absence of a Secretary of Legation, the Secretary of State may des¬ 
ignate any competent person to act ad interim, in which case he is spe¬ 
cifically accredited by letter to the Minister for Foreign Affairs. 


11 


3 «>. Wheu the office of Consul-General is added to that of Minister Superadded oon- 
Resident, Chargd d’Affaires, or Secretary of Legation, the diplomatic 
rank is regarded as superior to the consular rank. The officer, how¬ 
ever, will follow the Consular Regulations in regard to his consular du¬ 
ties and official accounts, keeping correspondence in one capacity sep¬ 
arate from correspondence in the other. The allowance for rent in such 
eombiued offices is as a rule based upon the entire salary. 

30 . A Secretary of Legation will, in case of the absence, death, or Charges d’Af- 
disability of the diplomatic representative, assume the duties and per- interim. 

form the functions of Charge d’Affaires ad interim without special 
instructions or credentials to that end ; he will then follow the regula¬ 
tions herein prescribed. 

37 . A V ice-Cousul General or Vice-Consul at a post where his su- Subordinate con- 
perior officer holds the dual positions of Minister or Secretary of Lega- officers, 
tion and Consul-General, has no diplomatic quality or functions whatever. 

38 . In no case will a Consular Officer not also a Secretary of Lega- Not to act as 
gatiou act as Charge d’Affaires ad interim in the absence of the diplo- ^Revfserf^tutes 
matic rei)reseutative without express direction of the Department of sec. 1738. 

State; and this, when given, will be accompanied by a letter accrediting 

him to the Minister for Foreign Affairs. 

39 . A Consular Officer may, without express authorization, be left in May take onsto- 

charge of the archives and property of the Legation, but this circum- archives, 

stance gives him no right to perform official diplomatic duties, or to 

expect other than his consular compensation. 

40 . In the possible case of objection, by the Government of the Superadded con¬ 
gou ntry of residence, to a Diplomatic Officer who is also a Consu- bieTn^c^^ain^con- 
lar Officer performing the functions of both offices, the Deputy Consul- tingencies. 
General or Deputy Consul, if there be one, may be put in charge of the Revised Statutes, 
business of the Consulate-General. 

CLERKS OF LEGATIONS. 

41. A Clerk is the employe of the Minister; has no official rank Not diplomatic 

o£Sc6ts 

or position and no immunities, or privileges except as a member of the 
Minister’s household. He is not to be styled Secretary of Legation, 

Attach^, Chancellor, or be known by^ any other diplomatic title. Tern- No extra com- 
porary custody of the archives and property will give him no claim to Sf^n^fTrcblvel^' 
extra comiiensation. 

49 . Although a Clerk of Legation or Consul left in charge of the Unofficial good 
archives and property of the IVIission is prohibited from performing Legation 
unauthorized diplomatic functions, some special emergency may- re¬ 
quire his immediate intervention with the diplomatic authorities of 
the country for the protection of American interests, when he will dis¬ 
claim any pretension or power to act otherwise than unofficially* 

All such cases should be immediately reported by him to the Depart¬ 
ment of State. 

Article V.—Diplomatic Iiniiiiiiiities and Privilcg:es. 

43 . A diplomatic representative, while in a foreign State as the agent . Extraterritorial- 
there of his Government, possesses certain rights classed under the heads ^ ^" 

of inviolability and extraterritoriality. The full scope of these rights is 
discussed by the standard authorities on international law, whose works 
should be consulted. In these instructions it seems necessary to advert 
to a few points only. 


12 


Immunity from 
arrest aud process. 
Revised Statutes, 
secs. 4063,4064. 


Certain property 
not exempt fi’om 
process. 

Exemption from 
testifying in courts 
of law. 


Inviolability o f 
domicile. 


Asylum. 


Unsanctioned 
usage of asylum. 


Worship in the 
Agent’s domicile. 


Immuniti es of 
Secretaries of Le¬ 
gation. 


The Agent’s 
household. 

Revised Statutes, 
sec. 4063,4064. 


44. A diplomatic representative possesses iinmuuitj’ from the crim¬ 
inal and civil jurisdiction of the country of his sojourn; and cannot be 
sued, arrested, or punished by the law of that country. Neither can 
he waive his privilege, for it belongs to his office, not to himself. It is 
not to be supposed that any representative of his country would inten¬ 
tionally avail himself of this right to evade just obligations, incurred 
either by himself or the members of his Mission. 

If, however, a Diplomatic Agent holds, in such foreign country, real 
or personal property, aside from that which pertains to him as a Min¬ 
ister, it is subject to the local laws. 

4o. A foreign diplomatic representative cannot be compelled to tes¬ 
tify, in the country of his sojourn, before any tribunal whatsoever. This 
right is regarded as appertaining to his office, not to his person, aud is 
one of which he cannot divest himself except by the consent of his Gov¬ 
ernment. Therefore, even if a Diplomatic Agent of the United States 
be called upon to give testimony under circumstances which do not con¬ 
cern the business of his Mission, and which are of a nature to counsel 
him to respond in the interest of justice, he should not do so without the 
consent of the President, obtained through the Secretary of State, which 
in any such case would ju-obably be granted. 

40. Immunity from local jurisdiction extends to the Diplomatic 
Agent’s dwelling house and goods, and the archives of the Legation. 
These cannot be entered, searched, or detained under process of local 
law, or by the local authorities. 

47. This i)rivilege, however, does not embrace the right of asylum 
for persons outside of the Agent’s diplomatic or personal household. 

48. In some countries, where frequent insurrections occur aud con¬ 
sequent instability of government exists, the practice of extraterritorial 
asylum has become so firmly established, that it is often invoked by un¬ 
successful insurgents, and is practically recognized by the local govern¬ 
ment, to the extent even of respecting the premises of a consulate in 
which such fugitives may take refuge. This Government does not 
sanction the usage, and enjoins upon its representatives in such coun¬ 
tries the avoidance of all pretexts for its exercise. While indisi)osed 
to direct its agents to deny temporary shelter to any person whose 
life may be threatened by mob violence, it deems it proper to instruct 
its representatives that it will not countenance them in any attempt to 
knowingly harbor ofienders against the laws from the pursuit of the 
legitimate agents of justice. 

49. The liberty of worship is very generally conceded to foreign 
legations in countries which maintain a religious establishment different 
from that of the Diplomatic Agent’s country. If any Diplomatic Agent 
should assert the right of worship, within his legation, for himself and 
those of his fellow-countrymen who profess the same faith as he does, he 
would be upheld, within the limits of the like privilege conceded in the 
country of his sojourn to other foreign legations. 

50. A Secretary of Legation is, according to the admitted principles 
of international law, a “ public minister.” His personal privileges, im¬ 
munities, domiciliary privileges, and exemptions are generally those of 
the Minister of whose official household he forms a part. 

51. The personal immunity of a Diplomatic Agent extends to his 
household, and especially to his secretaries. Generally, his servants 
share therein, but this does not always apply when they are citizens or 


13 


subjects of the country of bis sojourn. Cases have arisen where a Dip¬ 
lomatic Agent has claimed for a native servant exemption from mili¬ 
tary service. His right to do so is not clear, and in future the Diplo¬ 
matic Agents of the United States are advised against questioning the 
right of the native Government to claim such service from one of its 
subjects in his employ. It is to be expected that the claim, if made, 
will be presented courteously to the chief of the Mission. 

It is customary for a foreign Minister to inruish to the local govern¬ 
ment a list of the members of his household, including his hired serv¬ 
ants, with a statement of the age and nationality of each. When this 
is requested it should always be given. 

o3. In most Mahometan and Oriental countries, the rights and immu¬ 
nities of extraterritorialiD' have been secured b^' treaty to foreign repre¬ 
sentatives, including to some extent Consular Officers. 

Among the rights of extraterritoriality is that of criminal and civil ju¬ 
risdiction, which will be specially treated under its appropriate heading. 

Couriers and bearers of dispatches, employed by a Diplomatic 
Agent in the service of his Government, are privileged persons, as far 
as is necessary for their particular service, whether in the state to which 
the Agent is accredited, or in the territories of a third state with which 
the Government they serve is at peace. 

54. It is the custom of international intercourse that to a Diplomatic 
Agent shall be conceded the privilege of importation of effects for his 
personal or official use, or for the use of his immediate family, without 
payment of duties thereon. The application of this privilege varies in 
different countries, but as a rule is restricted to the head of the Mission. 
It is the duty of the Agent to acquaint himself with the formalities pre¬ 
scribed in such case by the local law or regulations, and to conform 
therewith. The privilege is one of usage and tradition, rather than an 
inherent right, and is one which the Government of the United States 
gives to the foreign representatives it receives. Where the Agent has 
ground to believe that a full measure of reciprocal courtesy is limited 
or denied to him abroad, he should refrain from questioning the local 
rule on the subject, but await such instructions as the Department of 
State may give him after receiving full information as to the circum¬ 
stances. 

55 . The diplomatic privilege of importing goods for iiersonal use is 
not accorded to a foreign Secretary of Legation in the United States or 
in any foreign country, so far as is known. 

56. In most countries the franchise of importation is accorded to 
a Charge d’Affaires ad interim. Where the exception exists the fact 
should not be made the occasion of remonstrance or argument with the 
local government without the express directions of the Department of 
State. 

57. Transit free of customs dues is usually conceded by a third state 
through whose territories a Diplomatic officer passes on his way to or 
from his post. His status, however, while in the third country lacks 
the extraterritorial element of immunity belonging to him in the coun¬ 
try to which he is accredited. 

58. Finally, a Diplomatic Agent should be persoiia grata to the Gov¬ 
ernment to which he is accredited. 


Eevised Statutes, 
sec. 4065. 

Claim of military 
service. 


List of house¬ 
hold to be fur¬ 
nished. 


E xtratorritori al- 
ity in non-Chris¬ 
tian countries. 


Bearers of dis¬ 
patches. 


Impo rtations 
free of duty. 


Keci procity o f 
the privilege. 


Free importation 
not granted to Sec¬ 
retaries of Lega¬ 
tion. 

Importations by 
a Charge d ’ A f - 
fairesfld interim. 


Transit through 
a third country. 


Personal accept¬ 
ability. 


14 


Article TI.—Residence and Business Offices. 


Offices in the 59. .The Department of State prescribes no fixed rule as to the 
DiplomaticAgent’s offices for the transaction of the business of the Legation. The 

general custom is to set apart convenient rooms in the Agent’s private 
residence, to be used wholly for the business of the Legation and for its 
archives and property. This, however, in some cases entails inconve¬ 
nience, and the element of permanence is almost wholly absent. A consid¬ 
erate discretion will prevent the incumbent from entering into engage¬ 
ments for any length of time on a scale of living suitable to his own means 
but which maj" be inconvenient to his successor. 

Offices in asepa- 60 . In several instances, where the business of the Legation and the 
rate building. bulk and value of the archives and property have so counseled a Diplo¬ 
matic Agent, he has established the offices in separate premises, wholly 
devoted to official purposes. In these cases, where the moderate rental, 
the convenience of the arrangement, and the comparative permanence 
of location which it insures, have commended themselves to the Depart¬ 
ment, the change has been approved. A Diplomatic Agent should in 
no case make any arrangement involving an increase of the amount 
of rent allotted to his Legation, or remove the offices from separate and 
permanent quarters to his own residence, without first reporting all the 
facts to the Department of State and asking its approval. 

Coat of arms and 61 . A Legation is not under the same necessity of displaying a coat 
of arms and raising a flag as a Consulate; but it is in most capitals 
customary to place an official shield above the principal entrance of the 
Diplomatic Agent’s residence, or the offices of the Legation when these 
are separate from his residence, with a short flag-statf set above the 
shield, on which to display the United States flag on occasions of special 
ceremony, such as the Fourth of July and Washington’s Birthday, and 
also, by way of courtesy on any national celebration in the country 
where the Legation is situated. 


Article Til.—Sundry Personal Prohibitions and Restrictions. 


Reticence. 


Uniform iiroliib- 
ited except in cer¬ 
tain cases. 


Military title and 
uniform. 

Revised Statutes, 
secs. 1226 and 1688. 


Corresponden c e 
on public affairs 
forbidden. 

Revised Statutes, 
sec. 1751. 


62. One of the essential qualifications of a Diplomatic Agent is to 
observe at all times a proper reserve in regard to the affairs of his Gov¬ 
ernment ; and the knowledge of these affairs, possessed by persons be¬ 
longing to the Legation, must be regarded as confidential. 

63. Officers of the several grades in the diplomatic service of the 
United States are hereby instructed to conform to the requirements of 
law prohibiting them from wearing any uniform or official costume not 
previously authorized by Congress. 

The statute authorizes all officers who have served during the rebel¬ 
lion as volunteers in the armies of the United States, and who have 
been, or may hereafter be, honorably mustered out of the volunteer 
service, to bear the official title, and, upon occasions of ceremony, to 
wear the uniform of the highest grade they have held by brevet or 
other commissions in the volunteer service. 

64. The attention of Diplomatic Agents is especially called to the 
provision of law by which thej' are forbidden to correspond in regard to 
the public affairs of any foreign Government or in regard to any matter 
which may be a subject of official correspondence or discussion with 
the Government to which they are accredited, with any newspai)er or 
other periodical, or with any person other than the proper officers of 
the United States. It is forbidden to Diplomatic Agents abroad to 


15 


participate in any manner in the political concerns of the country of 
their residence ; and they are directed especially to refrain from public 
expression of opinions upon local, political, or other questions arising 
within their jurisdiction. 

65, It is deemed advisable to extend a similar prohibition against Restrictions np- 
public addresses, except upon exceptional fesfal occasions in the conn- OQ speech-making, 
try of official residence. Even upon such occasions the utmost caution 

must be observed in touching upon political matters. 

66 . The statute further forbids Diplomatic and Consular Officers Recommenda- 

from recommending any person at home or abroad for any employment office. 

of trust or profit under the Governments to which they are accredited. Statutes, 

This prohibitiou agaiust recoinineiidat'ou for otbce is hereby extended 

to offices under the United States; it does not, however, prevent a 

Diplomatic Agent from recommending any person whom he may deem 

suitable and competent to till a subordinate office in or under his own 

mission. 


PRESENTS AND TESTI5IONIALS FR0:M FOREIGN POWERS. 

67. Diplomatic Officers are forbidden from asking or accepting, for Presents and tes- 
themselves or other persons, any piesents, emolument, pecuniary favor, timomals. 
office, or title of any kind, from any foreign Government. It not uu- *^st^at^te^ 

frequently happens that Diplomatic Officers are tendered presents, or- sec. 1751. 
ders, or other testimonials in acknowledgment of services rendered to 
foreign states or their subjects. These cannot be accepted without 
previous authority of Congress. 

6?i. It is thought more consonant with the character of the diplo- Preferable that 
matic representation of the United States abroad that every offer of 
such presents should be respectfully, but decisively, declined. This vance. 
having been for several years a standing instruction to all our agents 
abroad, the rule is, probably, so well known as to prevent the offer of 
such presents in future; but it is deemed proper to call the attention 
of officers to the subject, and to observe that, should there be reason 
to anticipate such an offer, informal notice, given in the proper quarter, 
of the prohibition against accepting a direct tender thereof would avoid 
the ai)pareut ungracioiisuess of declining a courtesy. 


ATTACHES. 


69. The law prohibits the appointment of any “Attach^” or of any No Attach6 per- 
Secretary of Legation otherwise chan as provided by statute. Xo such “itted. 
appointment, therefore, will be made by any Diplomatic Agent of the 
United States; and should it come to the knowledge of a principal graph fifth. 
Diplomatic Agent that any person is representing himself as an “At¬ 
tache,” or styling himself Secretary of the mi.ssiou without warrant, 
it will be his duty to report the fact to the Department, and to inform¬ 
ally make it known to the Government to which he is accredited. 

Military or naval attaches, however, may be designated by the De¬ 
partment from the Army or Xavy, to reside at the seat of Legation 
abroad when the public interests demand it. 


CORRESPONDENCE OF CONSULS. 

70. Comsular Officers have no diplomatic position, and must not Official corre- 
assume such unless specially instructed by the Department. They, sular^O^cers.^^^' 
therefore, cannot ordinarily correspond directly with the Government 
of the country in which they reside. 


16 


Size of dispatch¬ 
es to he uniform. 


Margin. 


Dispatch re¬ 
stricted to one sub¬ 
ject. 

Numbering dis¬ 
patches serially. 


Register to be 
kept. 


Diplomatic and 
consular series to 
be numbered in 
distinct sequence. 


Distinction be¬ 
tween Diplomatic 
and Consular sub¬ 
jects. 


Form of dis¬ 
patch. 


“Jacket.” How 
superscribed. 


Article VIII.—Rules g:overiiiiig' Correspondence. 

CORRESPONDENCE OF DIPLOMATIC OFFICERS WITH THE DEPART¬ 
MENT OF STATE. 

PREPARATION OF DISPATCHES. 

71. It lias been found conv^enient, in the transaction of business in 
the Department of State, to have the official communications from mis¬ 
sions abroad bound in volumes. To insure uniformity in this respect, 
all dispatches, and their accompaniments, should be written on paper 
of the same dimensions, viz, 13|: inches long and 8^^ inches broad. For 
the convenience of binding, a margin of at least inches should be 
left along the inner side of the page, and a convenient space should 
border the text at top and bottom. The written instructions from this 
Department exhibit an example of the kind of paper referred to and 
the mode of preparing the dispatches. Dispatch paper of the prescribed 
form will be supplied by the Department upon requi.sition therefor. 

In no case should any dispatch, or copied iuclosure, be so transcribed 
that the writing extends to the inner edge or backfold of the sheet. 

One subject only should be treated in each dispatch. 

All dispatches must be numbered consecutively, beginning with 
the acceptance of the office, and continuing, consecutively, during the 
term of tbe incumbent. A Secretary of Legation acting as Charg6 
d’Attaires ad interim will continue the series of numbers of the prin¬ 
cipal or of the late representative. This series will, in the case of a 
vacancy, be continued until the entry of a successor upon his duties. 
A new series should not be begun with the new year; and the series 
of numbers of dispatches to the Department of State must be kept 
separate from any other numbered series of communications. For the 
purpose of insuring regularity in the numbering of dispatches, a register 
should be kept, in which the numbers and dates, with an indication of 
subject, are to be instantly entered. 

72. When the Diplomatic Officer is a Minister and Consul-General, 
his correspondence with the Department of State is to be in two dis¬ 
tinct series, one Diplomatic and the other Consular, each to be numbered 
in its own sequence. In the Diplomatic series (which should be marked 
‘‘Diplomatic” immediately after the number), the date should be written 

“ Legation of the United States at-in the Consular series (which 

should similarly be noted as “Consular”) the date should be “Consu¬ 
late-General of the United States at -.” 

73. Care should be taken to discriminate correctly between the sub¬ 
jects proper to be treated of in the “Diplomatic” series and those of 
the “Consular” series. No precise rule can be given applicable to all 
cases. Naturally, all political dispatches, reports of interviews, nego¬ 
tiations, questions concerning protection of citizens, &c., are diplomatic; 
while accounts. Treasury returns, matters touching relief and discharge 
of seamen, and the like subjects specifically treated of in the Consular 
Regulations as pertaining to the business of a Consulate, are consular. 

74. The text proper of all dispatches to the Department of State 
should begin upon the third page of the sheet, and be written on every 
page thereafter until the signature is reached, and not on alternate 
pages, as is sometimes done. The: first page serves as a cover or “jacket,” 
for convenience of reference and file. On the second line of the first 
or jacket page should appear the serial number of the dispatch and the 




17 


station of the mission; on the third line the date of the dispatch; on 
the fifth line the name of the Diplomatic Officer and of the Secretary of 
State to whom the dispatch is addressed; on the seventh line the gen¬ 
eral subject of the dispatch (which may often be comprehended in a 
single “ catch-word”); and on the subsequent lines of the first (and fol¬ 
lowing page if necessary) a synopsis of the contents. The pages of the 
dispatch proper should be consecutively numbered. A pro forma dis¬ 
patch is annexed to these instructions. 

IXCLOSURES. 

75. In transmitting inclosures in disi)atches, the contents of the in¬ 
closures are to be briefly stated in the body of the dispatch, and atten¬ 
tion is to be directed to such points contained in them as maj" api)ear to be 
particularly deserving of notice. In each case, following the signature, 
the officer should subjoin a “List of luclosures,” showing the names of 
the persons by and to whom the iuclosures are written and the subject. 

All extracts from newspapers, sent as iuclosures, must be neatly cut 
out and pasted upon cap paper, corresponding in size with the dis¬ 
patch. Tabular statements accompanying dispatches are in all cases 
to be accurately added up. 

76. When pamphlets, or brief i)ublicatious of any kind, are of such 
interest or importance that they are forwarded to the Department, either 

• as accompaniments to dispatches or separately, it is desirable that sev¬ 
eral copies (not less than three) be transmitted. 

77. Should the correspondence transmitted as inclosures be in any 
foreign language, exact copies of the originals are to be forwarded. 
Translations of these should also accompany the dispatches, except 
when from pressing emergency there is not time to make them. In 
the case of vouchers for expenditures, the translation must be attached 
to each voucher. 

78. It is especially desired that Diplomatic Agents use every en¬ 
deavor to insure fidelity in the translation of foreign correspondence. 
A Diplomatic Officer should in no case accept without examination 
translations made for him by subordinates or casual employes, who 
may often lack a competent knowledge of English composition. 

79. Whenever a dispatch mentions that a i^aper is inclosed, an 
oblique line is to be made in the margin (thus: ^), and above such line 
is to be placed the number corresponding to the number of the iuclosure. 
All inclosures should be indorsed and numbered. The numbers and 
indorsements, especially on all accounts and returns, should show 
briefly but clearly what the iuclosures are, and should correspond to the 
description required in the “ Listof Inclosures” prescribed in a preceding 
paragraph. The vouchers of an account should not be set out in the 
“List of Inclosures,” but the account only. 

80. Each series of inclosures is to be numbered anew in each dis¬ 
patch, commencing with No. 1; and when there are more inclosures 
than one in a dispatch each iuclosure is to be numbered in the order in 
which it is to be read. 

81. In transmitting copies of correspondence with dispatches. Dip¬ 
lomatic Agents are requested to use half sheets of paper in all cases 
where they will suffice to contain the text of the note to be copied. In 
making copies of correspondence, the blank space on a page at the end 
of one communication should not be used to begin another. The copy 


Form of dispatch. 
“Jacket.” How 
superscribed. 


Pagesto be num¬ 
bered. 


List of inclosuree. 


Newspaper ex¬ 
tracts. 


Several copies ot 
printed matter de¬ 
sirable. 


Translations. 


Fidelity of trans¬ 
lations. 


References to in¬ 
closures. 


Indorsements. 


Series of inclos¬ 
ures. 


Copies as inclos¬ 
ures. 


loi io D A '3 



18 


Kefereuce to pre¬ 
vious dispatches. 


Reference to lo¬ 
cal matters of pol¬ 
itics, &c. 


English language 
to be employed. 


Translation into 
foreign tongues. 


The English text 
the standard of 
reference. 


Documeu18 in 
two languages. 


See section 219. 


Copies of corres¬ 
pondence to he for¬ 
warded to Depart¬ 
ment. 


Cipher. 


of each commimicatioii should be on its own sheet, or, if brief, on its 
own half-sheet. Copies should not be made on alternate pages. 

82. When Diplomatic Agents write upon any subject upon which 
they hav(i previously written, they will be careful to refer to such pre¬ 
vious dispatches, both by number and date. 

83. In di.spatches upon local, political, or other questions they will 
confine themselves to the communication of important or interesting 
public events, as they occur, avoiding all harsh or unnecessary reflec¬ 
tions upon the character or conduct of individuals or Governments. 
It is at the same time no less their duty to report freely and seasonably 
to their own Governme nt all imx)ortaut facts which may come to their 
knowledge touching the political condition of the country, especially if 
their communications can be made to subserve or may affect the inter¬ 
ests and well-being of their own country. Should the Agent deem his 
observations of a character requiring to be treated with reserve, he will 
draw the attention of the Department to such passages as hereinafter 
directed. 

CORRESPONDENCE WITH THE FOREIGN GOVERN3IENT. 

84. In his formal written communications to the Government to 
which he is accredited, the Diplomatic Agent will employ the English 
language. 

85. In the countries of the East the English communications of the 
Diplomatic Agent to the local Government are generally expected to be 
accompanied by a translation into the language of the country, made by 
the dragoman or interpreter of the Legation. 

In European and American countries, urgent need of hastening a 
negotiation may sometimes require that a translation should accom¬ 
pany a note, but recourse to such an expedient should be unusual, 
and occur only when there is resonable certainty that the translation 
will be faithful and correct in style. 

In any event, the English text is alone to be resorted to in ascer¬ 
tainment of the precise intention of the Diplomatic Agent, should there 
be question on this point. 

80. In protocols of conferences, memoranda of interviews and the 
like, drawn up in a foreign tongue, it is advisable that the equivalent 
English version appear in parallel text, following in this respect the 
general usage in regard to formal treaties and conventions; this is espe¬ 
cially desirable when the paper is to be signed by the two parties. 

87. The Department must be furnished, without delay, with exact 
copies and, if in a foreign tongue, translations of all correspondence 
with the Gov’^ernment to which the Minister is accredited. All his con¬ 
versations with officers of that Government having any material bear¬ 
ing on its relations with the United States should be particularly noted, 
as soon after the conversations as possible, and a copy of these min¬ 
utes, or the substance thereof, promptly communicated to this Depart¬ 
ment. All important official correspondence with Consuls or others 
should in like manner be communicated in copy. The originals of all 
correspondence must be retained on the files of the mission. 

88. The use of a cipher in cases where secrecy is important to the 
public interest is recommended. If there be none among the archives 
of the Legation, the Department of State will furnish one. It is ex¬ 
pected that an officer intrusted with the cipher will thoroughly famil- 


19 


iarize himself with its employment, especially with the spelling code, 
in order that, in emergencies, it may be accurately used. 

The cipher should be kept under lock and key, and the agent will be 
held personally responsible for its safety and secrecy. 


GENERAL RULES AS TO CORRESPONDENCE. 


89 , The use of the telegraph at the expense of the Government is Use of the tele 
not permitted in the ordinary business of a legatioii, or in communica- graph. 

tion with the Department of State, except when justified by the import¬ 
ance and urgency of the case, or under instructions from the Department. 

90 . Among the most important general duties of a diplomatic rep- Duty to trans- 
reseutative of the Dnited States is that of trausmitting to his own Gov- “it ^formation, 
eminent accurate information concerning the policy and views of that friendly social re- 
to which he is accredited, in its important relations with other powers. Gtions with col- 
To gain this information requires steady and impartial observation, a “ 

free though cautious correspondence with other agents of the United 
States abroad, and friendly social relations with the members of the 
diplomatic body at the place of his residence. 


91. In their regular correspondence with the Department, Diplo- Information to 
mafic Representatives of the United States will transmit early copies Department^ 
of all official reports and such iuformatiou relating to the Government, 
finances, commerce, arts, sciences, agriculture, manufactures, miuiug, 
tariffs, taxation, population, laws, judicial statistics, and to the condi¬ 
tion of the countries where they reside, as may be useful. In dispatches 
communicating such information, however, political affairs should not 
be referred to, but should be reserved for separate communications. 

Books of travel, history, and all such as relate to matters of political What books, &c., 
importance, maps published by authority of the State or distinguished ^artmenT^* 
by extraordinary reputation, and new publications of useful discoveries 
and inventions, will always be acceptable acquisitions to this Depart¬ 


ment. Expenditures for such purpose should, in all cases, form a sepa¬ 
rate charge against the Department; but none should be incurred with¬ 
out its previous express direction, unless in a case of absolute necessity. 

92 . With the exception of the correspondence with the Treasury No direct corae- 
Department respecting accounts, and such other correspondence as 
special provisions of law or instructions of this Department may re- ments, with cer- 
quire, no correspondence will be held by Diplomatic or Consular Rep- exceptions, 
resentatives of this Gov'erument with any Department other than 


the Department of State. This injunction is especially applicable to 
communications to or from subordinates of other Departments. This 


rule is, however, not intended to prohibit a Diplomatic Agent from 
answering any reasonable inquiry of an officer of another Department 
unless the inquiry shall have been referred to the Deiiartment of State, 
but he may, if circumstances permit, answer such inquiries without 
awaiting special instructions; and in so doing he should invariably send 
his reply, unsealed and accompanied by a copy for the files, to the Sec¬ 
retary of State, who will decide whether, and how, it shall be forwarded 
to the person addressed. 

93 . Draughts of correspondence sent out should not be allowed to Draughts of cor- 
accumulate, but should be destroyed as soon as accurately transcribed destroyeT.^^ 

in the proper record books. 

94 . It is the particular desire of the Department that no Diplo- No copies of cor- 
matic Agent, or any officer of the Legation, should retain or carry away JeUined^^bV* t b e 
with him draughts or copies of his official correspondence. Obedience Agent. 


20 


Prolii b i tiou 
against unaiitbor- 
ized publication. 

Private co r r e - 
spondence with 
the Depart m e u t 
discouraged. 


Confidential 

communications. 


Dispatch-book. 


Note-book. 


Letter-book. 


Passport-book. 


Misce 11 aneous 
record-book. 


Kegister of let¬ 
ters received. 


Register of let¬ 
ters sent. 


Quarterly a c - 
count-book. 


Indexing the 
records. 


Papers to be la¬ 
beled. 


to this request is enjoined, inasmuch as it has sometimes happened, and 
may at anytime happen, that, on the death of the possessor of such copies, 
they pass into the hands of others not so scrupulously observant of their 
confidential character. 

95 . Under no circumstances should any public or official paper be 
published without the express consent of the Department of State. 

96 . Voluntary recourse to private letters to the Secretary of State 
or to officers of the Department of State, on topics relating to the official 
business of the Legation, is discouraged. 

It is considered best that all communications of Diplomatic Officers 
to the Department of State should be in the form of regular dispatches. 
Where the whole dispatch appears to the writer to be necessarily of a 
reserved or secret character, it should be conspicuously marked as 
“ Confidential.” Where one or more para graphs of a dispatch seem to re¬ 
quire any precaution against undue publicity, a red line may be drawn 
to mark them and the word ‘‘Confidential” plainly written in the mar¬ 
gin. The Secretary of State, however, reserves the ultimate right to 
decide whether the suggested reserve is necessary in the jiublic in¬ 
terest. 

Article IX.—Record Books. 

97 . The following record books should be kept at all Missions of the 
United States abroad : 

A dispatch-hooTcj into which are to be copied all official communica¬ 
tions written by the Diidomatic Agent to the Department of State. 
Press cojiy-books are not to be considered as iiermanent records. 

A tiote-booTc, into which are to be copied all official communications 
w^ritten by the Diidomatic Agent to the Government to which he is ac¬ 
credited. 

A letter-bool', into which are to be copied all other official communica¬ 
tions written by the Diplomatic Agent. This book should contain the 
record of his letters to the Consular Officers under his jurisdiction. 

A passport-bool', in which are to be registered all passports issued or 
visaed by the Diplomatic Agent. 

A miscellaneous record-booJc, for the entry of those official papers and 
records which cannot conveniently be classified and entered in the rec¬ 
ord books above named—and in this book should be included also 
copies of such translations of official papers as the Diplomatic Agent 
may forward with his dispatches to the Department of State. 

A register of official letters received at the Legation, which shall em¬ 
brace the following information: Name of the writer, number and 
date of letter, when received, its import, and remarks thereon, as pre¬ 
scribed in the form hereto annexed. 

A register of official letters sent from, the Legation, stating the date 
and import of the letter, and the name of the person to whom sent, as 
prescribed in the form hereto appended. 

A quarterly account-current booh, in which shall be recorded the ac¬ 
counts of the Diplomatic Agent and the Legation accounts for contin 
gencies. 

98 . When a paper of any description is entered or recorded in either 
of the said books, it must be indexed by a reference both to the name 
of the author and the subject of the paper. 

99 . Instructions from the Department, and all official or business 
notes to the Legation, intended to be i)ermanently kept there, shall be 


21 


indorsed with a short note of the contents and filed (not folded), until 
a sufiBcient number shall accumulate to form a volume; when they shall 
be bound. 

100 . All Diplomatic Agents are instructed, wdth a view to facilitate 
reference to previous correspondence, to keep in their offices the pre¬ 
scribed registers of all the documents, papers, letters, and books which 
have been, or which may be, at any time received, and also of those 
forwarded by them on matters connected with their official duties. 

101 . The copied records in the books above prescribed will include 
protocols of conferences, notes of official conversations, copies of cor¬ 
respondence, and every memorandum necessary to a full understanding 
of the history of the mission. 

lOS. Such Ministers of the United States as, by law, are not allowed 
a Secretary of Legation, will themselves keep up the record of their 
Legations. Any such Minister who may neglect this duty will be charge¬ 
able with the expense which the Government may incur in consequence 
of his neglect. 

Article X.—Arrang'emeiit and Preservation of the Records and 

Archives. 

103 . The i)ublic interest, and the convenience of official intercourse 
with Diplomatic Representatives abroad, require that every successor 
to a mission should be thoroughly acquainted with all the directions 
that may have been given by this Department to his predecessors and 
all that may have been done by them in their official capacity. It is 
therefore the imperative duty of all Diplomatic Agents to carefully 
familiarize themselves with the records of their missions, and to pre¬ 
serve the archives of their own as well as of preceding terms, with the 
utmost care, for the benefit of their successors in office. 

104 . As soon as practicable after the arrival of a Minister at his 
post he will examine the archives and property of the Legation. If an 
inventory has been left by his predecessor, it should be verified with 
the person from whom it is received, and anything else found belong¬ 
ing to the United States, and not contained in the inventory, should 
be added thereto, with a note of such things as may be missing. If no 
inventory shall have been left, he must make one and verify it. In 
either case the inventory, of which a copy must be sent to the Depart¬ 
ment of State, should be fairly written and filed in the Legation. He 
will also, as soon as his convenience will permit, after arriving at his 
post, report to the Department the condition in which he finds the 
archives and records of the Legation. 

105 . The instructions given to a Diplomatic Agent of the United 
States by his Government, the official communications received by him 
from other sources, the records of his answers thereto, and of all trans* 
actions relating to his office, belong to the archives of the Legation 
and must be kept subject to the orders of this Department, and be trans¬ 
ferred, with the effects of the Legation, together with the seal, press, 
arms, flag, and all other property belonging to the United States, to 
his successor in office. 

106 . All printed books delivered by the Department of State to a 
Diplomatic Agent, and those found by him at the Legation, are to re. 
main permanently with the archives thereof, and to be transferred, as 
the property of the United States, by him to his successor in office, or 


Care of archives. 


Record of all 
communic a t i o n s 
from the Legation. 


Eesponsib i 1 i t y 
for condition of 
records. 


I 


Inventory of ar¬ 
chives and prop¬ 
erty to be sent to 
Department. 


All records are 
public property. 


Printed books. 


22 


Preservation of 
archives by bind¬ 
ing. 


Bound in regular 
series. 


Inclosures, bow 
bound. 


Translations. 

Indexi n g t b e 
volumes. 

Missing corre¬ 
spondence. 


Preservation of 
tbe older records. 


File-cases some¬ 
times used. 


Abuse of tbe dis¬ 
patch pouches. 


to such person as may be designated by the Department of State to 
take charge of them. 

107 . As fast as the correspondence received at a mission accumu¬ 
lates in sufficient quantities to make a volume of from 2 to 4 inches in 
thickness in any particular series of records, the Diplomatic Agent 
should cause it to be neatly and durably bound and appropriately let¬ 
tered, in the manner prevailing in the Legation. If practicable, it is 
best to have this work done at his office. The cost is a proper item for 
the miscellaneous expense account. 

108 . It will in most cases be found convenient to have the corre¬ 
spondence bound in the following series : 

A. Dispatches from the Department of State, arranged according to 
number and date. 

B. ifotes from the Government to which the Agent is accredited, 
arranged by date. 

C. Correspondence with theconsnlatesunder the jurisdiction of the Le¬ 
gation. This should, if practicable, be classifiedalphabetically as to con¬ 
sulates, and chronologically as to the correspondence from each consulate. 

D. All other miscellaneous letters received, arranged b^^ date. 

All inclosures received with any communication should be bound with 
it. If the original inclosures, for any reason, have been transmitted 
to some other quarter, a note of the fact should be inserted, and copies 
should, if possible, be retained on the files. 

Translations should be bound with the original. 

An index should be inserted at the beginning or end of each volnme 
of correspondence. 

If, when the binding of the Legation archives is undertaken, any 
part of the correspondence with the Department of State is missing, 
the fact should be reported, whereupon an etibrt will be made to supply 
copies of the missing papers to complete the file. 

109 . If a Diplomatic Agent, on taking charge, should find that any 
of the older records of the mission are unbound or not arranged, he should 
endeavor to classify, arrange, and bind them. These older records, 
often of great historical value, are always of interest and utility, and 
it is the desire of the Department of State that they should not sufter by 
neglect or be inaccessible. If the accumulation be large, it is not of 
course expected that the labor of their arrangement should be entailed 
on any one incumbent of the mission, but it is hoped that each in suc¬ 
cession, in the interest of the public service, will endeavor to do his share 
in the gradual work of remedying any existing disorder. 

110 . At some Legations, instead of binding the received corre¬ 
spondence in volumes, as above directed, the custom obtains of placing 
the papers in convenient pamphlet-cases of uniform size and appear¬ 
ance, appropriately lettered on the back, with an index-sheet within, so 
as to afford a ready knowledge of tiie contents of each. Where this has 
been done for any length of time, and is found to secure safety from 
loss or displacement and ready access to the correspondence, it is not 
desired that the custom should be changed. It is, however, undesirable 
to adopt this method of preserving the files at Legations where it can 
well be avoided. 


Article XI.—ITIails. 

111. Attention is called to the matter which alone may be trans¬ 
mitted by the pouches and dispatch bags of the Government. 


23 


1st. Official correspondence and matter for the President or Vice- 
President of the United States, or either of the Executive Departments 
of this Government, or the heads thereof, or the President pro tempore 
of the Senate, or the Speaker of the House of Representatives. 

2d. Letters, newspapers, and printed matter intended for either of 
the Assistant Secretaries, the Assistant Postmasters-General, or the 
Assistant Attorneys-General, or for any of the officers of this Depart¬ 
ment. 

3d. The private correspondence of the officials of the United States 
abroad, and of the members of their families. 

All such correspondence will be indorsed on the left uiiper corner of 

the envelope, thus : U. S. Legation at-, A. B., Minister (or Charg6 

d’Affaires or Secretary). The signature of the officer will be regarded 
as a certificate that the letter comes within the above rule. Letters not 
so indorsed and signed will not be forwarded through the mails of the 
United States. 

4th. Matter transmitted at the request of any foreign Government to 
its representative in the United States. Letters from other members of 
the Diplomatic Corps may, if requested, be forwarded by a Minister or 
Charg<5 d’Aftaires under cover to the Department. 

112 . Letters of unofficial persons, not members of their own 
families, are not to be sent by Diplomatic Agents to the Department 
of State with official dispatches, for transmission to persons in the 
United States. If any correspondence be ascertained to be of this char, 
acter, it may be detained at the Department of State. 

WHEN BEARERS OF DISPATCHES MAY BE EMPLOYED. 

113 . It is expected that communications to the Department will 
be sent by mail; or, if by private hand, that no promise be made 
to the person so employed of compensation, or of a reimbursement 
of his expenses, without the iirevious authority of the Department^ 
and that no ground of expectation of compensation or of reimbursement 
of expenses be given. It may happen that responsible private individ¬ 
uals offer their service, without expectation of compensation, for the 
conveyance of official communications to the Department, or from one 
legation to another. Such courteous offers may sometimes be accepted 
if deemed advisable. 

1 14 . It is not intended to ])revent Diplomatic Agents abroad 
from employing couriers at the public expense when the mails are 
obstructed, or deemed unsafe, and when there may be occasion to 
address the Department on subjects materially affecting interests of 
the United States which might suffer from delay or reasonably appre¬ 
hended interruption in the transmission of the dispatch. The exercise 
of the utmost discretion is, however, enjoined in judging of these exi¬ 
gencies. Whenever the minister shall determine to send a courier, he 
will inform this Department of the fact, assigning the reasons there, 
for, and stating the compensation he recommends to be allowed him 
The Secretary of State nevertheless reserves to himself the right in all 
cases to judge of the necessity for the employment of a messenger, and 
of the propriety of paying the whole or any part of the compensation 
which may have been recommended. This should be fully explained 
by the Minister to the messenger before intrusting him with the dis¬ 
patches. 


Indorsement o f 
correspondence. 


Postage on unof¬ 
ficial letters. 


Communications 
sent by mail. 


Private offers of 
service. 


When special 
couriers or dis- 
patch agents may 
be employed. 



24 


Unclaimed let¬ 
ters. 


Naval letters. 


Not to be opened 
nor stamps remov¬ 
ed. 


Passports, to 
Tvhom issued. 
Eevised Statutes, 
secs. 4075-4078. 


By whom issued. 


Wlieu a bearer of dispatches is employed as above, a special pass¬ 
port may be given to him by the Diplomatic Agent, setting forth his 
name and the duty he is to perform. Such a passport is to be fur¬ 
nished without charge, and is only good for the journey for which it is 
issued. 

LETTERS UNCALLED FOR. 

113 . All letters, except as below, addres.sed to the care or in the 
custody of Diplomatic Officers, remaining uncalled for for a period of 
six mouths, are, on the first days of January and July in each year, to 
be forwarded directly to the Post-Office Department as dead letters. 
The packet should be securely sealed, addressed to the “ Post-Office 
Department, Dead Letter Office, Washington, D. C.,” and forwarded 
as Other official matter. It should be accompanied by a letter of advice 
showing the number of the inclosures. 

116. But letters intended for officers and seamen of the Navy in the 
Pacific and Asiatic squadrons, and letters intended for the crews of 
whaling vessels, may be retained one year before transmitting them to 
the Post-Office Department. Upon returning such letters an indorse¬ 
ment should be made on each, stating the reason for detaining it be¬ 
yond the six mouths above described. 

117. Instances have occurred where dead letters returned from le¬ 
gations have been found opened, and where the stamps have been de¬ 
tached. As the post-mark is frequently indistinct, the remov’al of the 
postage-stamp often deprives the Post-Office Department of the means 
of ascertaining where such letters were originally mailed, without open¬ 
ing them, which, under treaty stipulations, it has no authority to do 
with letters mailed in a foreign state. Diplomatic Agents are, there¬ 
fore, instructed to take care that letters received by them are not 
opened by unauthorized parties, and that they are not dispoiled of the 
stamps which they may bear on their arrival at the legation. 

Article XII.—Passports and Protection of Citizens of the United 

States. 

118 . Passports are to be issued only to citizens of the United 
States, and are to be numbered, commencing with No. 1, and so con¬ 
tinuing consecutively until the end of the incumbent’s term of office. 
For a Diplomatic or Consular Officer to issue a passport to a person not 
a citizen of the United States is a penal offense punishable on convic¬ 
tion by imprisonment not exceeding one year, or by a fine not exceeding 
$500, or both. Persons who have merely declared their intention to be¬ 
come citizens are not in the full sense citizens of the United States within 
themeaningof the law. Provided, that nothing herein contained istobe 
construed as in any way abridging the right of persons domiciled in 
the United States, but not naturalized therein, to maintain interna¬ 
tionally their status of domicil and to claim protection from this Gov¬ 
ernment in the maintenance of such status. 

119. Passports in the United States can be issued only at the De¬ 
partment of State. In foreign countries they can be issued only by the 
acting chief Diplomatic Eepresentative; or in the absence of a Diplo¬ 
matic Representative from the country, then by the Consul-General, if 
there be one, or, in the absence of both of the officers last named, by a 
Consul (Form No. 9 of the Consular Regulations). In the colonies of a 
country a passport may be issued by a Consul-General, if there be one; 


25 


otherwise by a Consul. The issue of passports by Consular Agents is 
prohibited. Professional titles will not be inserted in passports. A fee 
ecinivaleut to five dollars in the gold coin of the United States must be 
charged and collected for each passport granted or issued bj’ a Diplomatic 
Agent. 

l!30. When an application is made for a passport by a native citi¬ 
zen, before it be granted the applicant must make a written declaration 
under oath, stating his name in full, age, and place of birth, sup¬ 
ported also, if possible, by the affidavit of a creditable person, to whom 
the applicant is personally known, and to the best of whose knowledge 
and belief the declaration is true, and the I\I]nister or Consul may 
require such other evidence as he may deem necessary to establish the 
applicant’s citizenship. If the applicant claims to be a naturalized 
citizen, he shall also produce the original or certified copy of the decree 
of the court by which he was declared to be a citizen; and it is the 
duty of the Minister or Consul, at the close of each quarter, to trans¬ 
mit to the Department a statement of the evidence on which all such 
passports were issued or granted. The applicant should also, in both 
cases, be required to take the oath of allegiance, and the oath should be 
transmitted to the Department with the quarterly return. A passport 
issued from this Department, coupled with the proof that the person 
in whose behalf it is presented is the person named therein, may be 
taken rs prima facie evidence of the citizenship of the applicant, within 
two years from its date. 

ItSl. It is understood that persons present themselves in some for¬ 
eign countries to the Diplomatic or Consular Eepresentatives of this 
Government with certificates of citizenship issued by a local or mu¬ 
nicipal officer, such as the mayor of a city, or a notary public, with a 
view to be registered as American citizens, that they may travel under 
the protection of such certificates. The laws of the United States 
permit the Secretary of State alone to grant or issue passports in the 
United States, and prohibit all persons “acting, or claiming to act, in 
any office or capacity under the United States or any of the States of 
the United States, who shall not be lawfully authorized so to do,” from 
granting or issuing “any passport or oilier insirnment in the nature of a 
passport, to or for any citizen of the United States, or to or for any per¬ 
son claiming to be, or designated as such, in such passport or rcrifica- 
tion.’’^ Such certificates, therefore, have no legal validity, and are not 
to be recognized. An instrument issued by an unauthorized person 
substantially in the form used by the Department of State is within 
the letter and intent of the prohibition of the statute. It is not mate¬ 
rial whether such instruments are issued in foreign countries or in the 
United States, and the prohibition applies equally to State, municipal, 
or Federal officers. 

Complaints have from time to time reached the Department of 
State of the issue of passports, or papers in the nature of passports, by 
Consular Officers when prohibited from doing so. In future it will be re¬ 
quired that Diplomatic Officers shall make, in addition to the return 
hereinafter prescribed, a senii-anuual return of passports to the De¬ 
partment, showing each passport issued by Consular Officers in any 
form which may have been presented to them for visa or otherwise. 
This report will embrace the name of the person to whom the pass¬ 
port was issued, whether such person is a citizen by birth or uatur- 
15775 D A- 4 


i 


On what evi¬ 
dence. 


Certificates of 
citizenship. 


Revised Statutes, 
secs. 4075-4078. 


Papi rsiu the na¬ 
ture of passports 
prohibited. 



26 


Consular certifi¬ 
cates of citizen- 
sliip. 


Visas of pass¬ 
ports. 


Ketiirns of pass¬ 
ports. 


Married woineu 
and minors. 


No visa after two 
years. 


Irregular ccrtiti- 
cates. 

Caution to be ob¬ 
served. 


alization, the date of issue, the name and title of the Consular Officer 
issuing- tlie same, the form of the jiassport or paiter, and also the several 
visas thereon, the dates thereof, and the names of the officers making 
the same. 

Certificates are sometimes issued bj’ Consular .officers in coun¬ 
tries -where there is a Diplomatic Representative, attesting the identity 
of the persons to whom they are granted, to be used in the place of 
regularly issued passports for the purposes of travel or local protec¬ 
tion. In countries where the local laws or regulations require the de¬ 
posit of a passport during the tem])orary sojourn of a traveler, a Con¬ 
sular certificate setting forth the facts as appearing from the passport 
may be granted, but only to comply with the requirements of the local 
law or regulation. Certificates in the nature of passports, and to be 
used as such, are wholly unauthorized. 

1*34. Passports are to be verified only by the Consular Officer of the 
place where the verification is sought, for which a fee of one dollar in 
the gold coin of the IJnited States, or its equivalent, will be collected. 
In the absence of such Consular Officer, or should the foreign Govern¬ 
ment refuse to acknowledge the validity of the Consular visa, it may 
be given by the principal Diplomatic Representative. A diplomatic 
Representative or his Secretary of Legation may, however, verify pass¬ 
ports i)reseuted to him when there is no Consulate of the United States 
established-in the city where the Legation is situated. A Consular 
Agent may visa but cannot issue a passport. 

I3*>. At the close of each quarter, returns are to be made to this 
Department of the names of and particulars regarding tbe persons to 
wlio))i the passport shall be granted, issued, or verified together with 
the amount of the taxes or fees collected for the same, which taxes or 
fees will be charged on the books of the Treasury against the person 
receiving them. The fees for visas or i)assports should be entered and 
accounted for in the regular quarterly statement of the Agent’s account. 

I3<5. When the applicant for a passport is accompanied by his wife, 
minor child, or servant, it will be sufficient to state in the passport 
the names of such persons, and their relationship to or connection with 
him. A separate passjtort must be issued for each person of full age, 
not the wife or servant of another, with whom he or she is traveling. 

137. jS^o visa will be attached to a passport after two years from its 
date. A new passport may, however, be issued in its place by the 
proper authority, as hereinbefore provided, if desired by a holder who 
has not forfeited citizenship. 

138. Applications have sometimes been made to the Diplomatic and 
Consular Officers of the Government for the issue of certificates of citi¬ 
zenship to persons residing in foreign lands and claiming to be Ameri¬ 
can citizens. Hereafter no certificates will be issued, except in the form 
of passports under the regulations herein i)rescribed, unless a dif¬ 
ferent form be prescribed by the laws of the country in which the 
Legation or Consulate is situated, in which case the Diplomatic Rep¬ 
resentative or Consul will transmit to the Department a copy of the 
prescribed form. To protect the dignity of such citizenship, and to guard 
against fraudulent assumption of it. Ministers and Consuls will be strict 
in the observance of the rules herein laid down, and will exercise cau¬ 
tion in issuing passports to applicants. When their intervention is in¬ 
voked on behalf of citizens of the United States residing in foreign 


t 


27 


countries, agents of the Government will be careful to remember that 
it is as incumbent on such persons as it is upon the citizens or subjects 
of those foreign countries to observe the reasonable laws of the State 
in which they reside. 

1'29. When the Diplomatic Agent is satislied that an applicant for 
protection has a right to his intervention, he should interest himself in 
his behalf, examining carefully into his grievances. If he finds that the 
complaints are well founded, he should interpose firmly, but with cour¬ 
tesy and moderation, in his behalf. 

1«{0. The United States have treaties with several powers regulat¬ 
ing the rights of naturalized citizens of the United States on their re¬ 
turn to their native lands. Abstracts of those several treaties are given 
in Appendix 2 of the Consular Regulations. 

1 1 . It is provided by law that “all children born or hereafter born 

out of the limits and jurisdiction of the United States, whose fathers 
were or may be, at the time of their birth, citizens thereof, are to be de¬ 
clared to be citizens of the United States; but the rights of citizenship 
shall not descend to children whose fathers never resided in the United 
States.’’ That the citizenship of the father descends to the children born 
to him when abroad, is a generally acknowledged principle of interna¬ 
tional law. 

IIS'S. It is further ])rovided by law that any woman (who might law¬ 
fully be naturalized under the existing laws), married, or who shall be 
married, to a citizen of the United States, shall be deemed and taken 
to be a citizen. The recognition of this citizenship will be sui'ject to 
the qualification above referred to. It is also provided (Rev. Stat., 2108) 
that when any alien who has made declaration, dies before he is actually 
naturalized, the widow and children of such alien shall be considered 
as citizens of the United States upon taking the oaths prescribed by 
law. 

1IS3. Abuses which have heretofore occurred in granting protection 
from the local authority in eastern countries, and especially in the Turk¬ 
ish dominions, to persons who, in the opinion of this Department, had 
no claim thereto, render it advisable that the Legations and Consulates 
there should, once in six months, report the number, names, and occu- 
l)ations of the persons to whom, during the six months preceding, such 
protection may have been given, or by whom it may have been claimed. 
Such report will in future be expected to be made at the beginning of 
every January and .luly. It is believed that sound policy dictates the 
utmost scrutiny and caution in extendng the protection of this Govern¬ 
ment to any persons abroad not citizens of the United States. This 
policy, scrupulously adhered to, is apt to afford more efficient protection 
to those to whom it is really due. Such protection should in no event 
be given to aliens not actually in discharge of official duty under the 
direction of the respective Diplomatic Agents and Consular Officers Of 
• employed in their domestic service, or when it will operate to screen the 
holder from prosecution for offenses against the laws of the country, or 
when reasonable ground exists for objection by the Government. Xo 
instrument in the nature of a passport should be issued to aliens thus 
protected; it will be sufficient to grant, when necessary, a certificate 
setting forth their relation and duties in connection with the Legation or 
Consulate. 


Interposition of 
Anient. 


Treaties as to 
naturalized citi¬ 
zens. 


Hevise«l Statutes, 
sec. 1993. 


Citizenship of 
married women. 

Kevised Statutes, 
sec. 1994. 


Protection in 
Oriental countries. 


Special caution. 


e 


28 


DUTIES TOWARD AMERICAN CITIZENS. 


Duties toward 
American citizens. 


Claims. 


Aid to destitute 
Americ.tns not au¬ 
thorized. 


Social relations 
with American cit¬ 
izens. 


1J14. The powers and duties of Diplomatic Ofticers in regard to their 
fellow-citizens depend in a great measure upon the municipal law of the 
United States. Xo civil jurisdiction can be exercised by them over their 
countrymen without express authority of law, or treaty stipulation 
with the State in which they reside, and no criminal jurisdiction is per¬ 
mitted to them in Christian States. They are particularly cautioned 
not to enter into an}' contentions that can be avoided, either with their 
countrymen or with the subjects or authorities of the country. They 
should use every endeavor to settle in an amicable manner all disputes 
in which their countrymen may be concerned, but they should take no 
part in litigation between citizens. They should countenance and i)ro- 
tect them before the authorities of the country in all cases in which they 
may be injured or oppressed, but their efforts should not be extended to 
those who have been willfully guilty of an infraction of the local laws. 
It is their duty to endeavor, on all occasions, to maintain and promote 
all rightful interests, and to protect all [)rivileges that are provided for 
by treaty or are conceded by usage. If representations made to the 
authorities of the country fail to secure proper redress, the case should 
be reported to the Department of State. 

The interposirion of Diplomatic Agents is often asked by their coun¬ 
trymen to aid in the collection of claims against the Government to 
which they are accredited. If the claim is founded in contract, they 
will in no event interfere without specific instructions to do so. If it 
is founded in tort, they will as a general rule in like manner seek pre- 
vioirs instructions before interfering, unless the person of the claimant be 
assailed, or there be pressing necessit}' for action in his behalf before 
they can commnnicate with the Department; in which event they will 
communicate in full the reasons for their action. 

135. There is no appropriation or authority for the relief by a Dip¬ 
lomatic Officer of a distressed citizen of the United States, or for fur¬ 
nishing him transportation lioine. The exception in the case of seameu 
falls under Consular administration. 

130. While the social relations of a Diplomatic Agent to his own 
countrymen resident in or visiting the capital where he resides should 
be cordial, they have no claim upon his hospitality requiring him to as¬ 
sume expenses or burdens not in accord with his official duties or com¬ 


pensation. 


Article XIII.—JHarriages, Estates of Deceased Aiiiericaii Citi¬ 
zens, and Enoflicial Services. 

MARRIAGES. 


To he perfonnod 
in the ))reseuce of 
a Cou.sul. 

Revised Statutes, 
sec. 40v'^2. 


137. It is enacted by statute that ‘‘ marriages in presence of any Con¬ 
sular Officer of the United States in a foreign country, between persons 
who would be authorized to marry if residing in the District of Colum¬ 
bia, shall be valid to all intents and purposes and shall have the same 
effect as if solemnized within the United States.” As under the Consti¬ 
tution of the United States the States have exclusive power of determin¬ 
ing the conditions of marriage and divorce as to ])ersons domiciled within 
their borders, this statute only covers marriages by persons domiciled 
in the District of Columbia or in the Territories. 

The statute does not exclude modes of solemnization other than that 
in presence of a Consular Officer. IMarriages abroad, by citizens of the 
District of Columbia, or of the Territories, when not in the presence of 


29 


a Cousular Officer, if otherwise valid, are not invalidated by the above 
statute. The statute does not authorize the Consular Officer to perform 
the ceremony. All that is prescribed is that it is to be in his presence. 

As it is a principle of iuteruatioual law that the law of the place of 
solemnization shall, whenever this is practicable, determine the mode of 
solemnization. Consuls, when giving their sanction to a proposed mar¬ 
riage of this class, should be satisfied (1) that the parties are domiciled 
in the District of Columbia or iu the Territories, and (2) that the re¬ 
quirements of the law of the place of celebration should be as far as 
practicable complied with. It is not intended, however, in these in¬ 
structions, in any way to question or modify the principle of interna¬ 
tional law that while the form of solemnizing marriage is determined 
ordinarily by the law of the place of solemnization, exceptions are rec¬ 
ognized, (1) when it is impossible to use such form, (2) when it is re¬ 
pugnant to the religious convictions of the parties, (3) when it is not 
imposed on foreigners by the sovereign prescribing it, (4) when the 
ceremony is performed, as will be seen iu a subsequent clause, iu a non- 
christian or semi-civilized country. 

In Massachusetts, where the service must be performed by a licensed 
minister or a justice of the peace, a statute has been adopted validating 
marriages before foreign consuls and in foreign legations. This maj^ be 
the case with other States. 

As a general rule, matrimonal capacity is determined by the law of 
the place of domicil of the party in question. 

Solemnization by a clergymen or magistrate is not necessary to the 
validity of a marriage in most jurisdictions in this country. 

The rule as to prevalence of local forms does not apply to non-Christian 
or semi civilized conutries where Consular courts are established. In 
those countries the Consular Officer will have to determine, so far as con¬ 
cerns persons domiciled in the District of Columbia or in the Territories, 
whether the parties would be authorized to marry if residing in the Dis¬ 
trict of Columbia or in one of the Territories. His duty, so far as concerns 
T)ersons domiciled in a State, is to inquire whether they are authorized 
to marry in such State. It is held, also, in respect to a Consular Officer in 
such countries the right to perform marriage is incident to the judicial 
office, and consequently that he may solemnize the ceiemony if it is 
the wish of the parties that he should do so. It is deemed preferable, 
however, in such cases, where there is a did}' qualified minister of a 
religious denomination whose services can be obtained, that the cere¬ 
mony should be performed by him, and that the Consular Officer should 
confine himself to granting the certificate before mentioned. 

138. The statuary provisions refer only to Consuls. It is not unusual 
for Americans al)road to ask permission to have a marriage ceremony 
peiformed in the Legation, and in the presence of the Minister. There is 
no reason why a Minister or Charg(^ should not comply with this re¬ 
quest. But it is proper, at the same time, to inform the parties making 
the application that, in the opinion of the Department, a ceremony of 
marriage, performed within the precincts of a Legation, should with the 
above limitations comply with the requirements of the laws of the coun¬ 
try within which the Legation is situated. 

139. Whenever an ai)plication is made for the use of the Legation 
for such a purpose, it will be the duty of the i)rincipal Diplomatic Rep¬ 
resentative to inquire whether the parties may lawfully marry accord¬ 
ing to the laws of the country in which the Legation is situated; and 


Performance of 
tlie ceremony. 


Capacity of par¬ 
ties and form of 
solemnization. 


In uon-Christian 
countries. 


7 Op. Attv. Genl., 
18 . 


Performance of 
file ceremony in a 
legation. 


Preliminary in¬ 
quiries. 


30 


Certificate .to be 
given by tbe'Coii- 
sul. 


whether the proper steps have been taken to enable the marriage cere¬ 
mony to be legally performed according to such laws. If either of these 
inquiries should be answered in the negative, or if the case does not 
fall within one of the exceptions above stated, it will be his duty to in¬ 
form the applicants that he cannot permit the ceremon 3 ' to be performed 
in the Legation, as there may be grave doubts respecting its validity. 

If it is desired in such cases bj^ citizens of the District of Columbia 
or of the Territories to avail themselves of the statute above recited, 
then the Diplomatic Eepreseutative should inform them that under the 
laws of the United States it will be necessary- to have the principal 
Consular Officer of the United States present, and he should give them 
an opportunitj' to have such officer present, if they desire it. 

140. In all cases of marriage before a Consular Officer, the Offi¬ 
cer shall give to each of the parties a certihcate of marriage, and 
shall also send a certificate thereof to the Department of State, there 
to be kept. 

This certificate must be under the official seal and must give the 
names of the parties, their ages, places of birth and residence, the date 
and idace when and where the ceremony' was performed, and state that 
the marriage took place before the Consular Officer giving the certificate. 
(Form Xo. 87 of the Consular Regulations of 1881.) 

The Statute (Rev. Stats., sec. 4082) does not authorize a Dii)lomatic 
Officer to witness or certify to a marriage ceremony performed before 
him. 


LAWS RESPECTING THE AGE OF MAJORITY, MARRIAGE, AND LETTERS 

ROGATORY. 

Age of majority. 141. lu Appendix IV of the Consular Regulations of 1881 are in¬ 

serted circular instructions to Diplomatic and Consular Officers in re¬ 
gard to the laws in force in the United States respecting the age at 
which persons attain their majority in the several States and Territo¬ 
ries; those respecting births and marriages, and the statutes in refer- 
Lettersrogatory, eiice to letters rogatory for taking testimony in the United States. It 
IS believed that the information contained in those instructions will be 
useful to Diplomatic Officers. 


ESTATES OF DECEDENT AMERICAN CITIZENS. 


Action of Diplo¬ 
matic Agent where 
there is no Consu¬ 
late. 


Proceedings to 
be reported. 


142. If there be no Consulate of the United States established at 
the seat of the Mission, the competence and dut^' of the principal Diplo¬ 
matic Agent there will usually’ be recognized bj' the local authori¬ 
ties in regard to the estates of citizens of the United States dying in¬ 
testate within his Jurisdiction. In such instances, the Diplomatic 
Agent should be governed as to details bj’ the tenor of the instructions 
for the guidance of Consuls under like circumstances, as found in para¬ 
graphs 384 to 413 of the Consular Regulations of 1881. 

143. In following those instructions, in all cases where a Consular 
Officer is required to make report or return to the Treasury Depart¬ 
ment, a Diplomatic Agent, not having superadded Consular functions, 
will report and make return to the Secretary of State. 


EXAMINATION OF TITLES AND OTHER UNOFFICIAL SEKVICES. 

Unofficial serv- 144. Diplomatic Officers are frequently asked l\v their couutiy- 
ices f isconragei. home to examine titles, investigate the record of private claims. 


31 


or do other services for them in a foreign land. It is sometimes even 
assumed that parties making the requests have a right to such services. 
Diplomatic Officers will treat all such requests courteously*, and refer¬ 
ring to this instruction, will state that the request cannot be complied 
with unless spec/iflc instructions to do so are received from the Depart¬ 
ment of State. 

Diplomatic Officers are absolutely forbidden to indorse notes, bills of 
exchange, or in any other way to become responsible pecuniarily for 
American citizens or others. 

Diplomatic Officers will always refuse to permit the use of their 
names as references for business or other enterprises. 

Ai'ticlc XIV.—Ooiieral Relations to Consular Otiicers.. 

14^. The general relations of the Consular establishment of the 
United States in a foreign country to the Diplomatic Agent accredited 
thereto are fully laid down in the Consular Eegulations of 1881 (sec¬ 
tions 102 to 115). The Diplomatic Officer should especially acquaint 
himself with those sections for his guidance. 

Some of the more important cases springing from such relationship 
between the Diplomatic and the Consular Officers are embraced for con¬ 
venience in the following paragraphs: 

GENERAL SUPERVISION. 

140 . The Diplomatic Eepresentatives in countries where there is no 
Consul-General with sui)ervisory powers will continue, as heretofore, 
to exercise a general sui)ervi8ion over the ConsuLar Offices within their 
respective jurisdictions. And, generally, these Reimesentatives will 
maintain such correspondence with Consular Officers in the countries 
to which they are accredited as they may deem conducive to the public 
interest. It will be the duty of Consular Officers to endeavor in all 
cases to comply Avith the requests and wishes of their superiors. 

The Consnls-General will exercise, to the extent provided for in the 
Consular Regulations and Instructions, the supervisory jiowers over 
the Consuls and Consulates within their resi»ective jurisdictions Avhich 
in other cases are vested in the Diplomatic Representatives of the 
United States. 

The several Consuls subordinate to them will not correspond offi¬ 
cially with the Diplomatic Representatives of the United States, unless 
in reply to communications or inquiries from them, but Avill make all 
their representations through the Consulate-General. 

In their turn the Consnls-General will maintain the relations to the 
Ministers in the countries where they reside that Consuls do to Diplo¬ 
matic Representatives in other countries. The Consul-General in Cuba 
is, however, only responsible to the Department of State. 

Requests for leaves of absence or for the api)ointment of Vice or 
Deputy Consuls or any of the subordinate officers mentioned in sections 
22, 23, and 32 of the Consular Regulations of 1881, when ])referred by 
principal Officers in the Argentine Confederation, Belgium, Bolivia, 
Chili, Hawaiian Islands, Netherlands (except the colonies), Peru, 
Sweden and Norway, Uruguay, and Venezuela, must be accompanied 
by the written approval of the Diplomatic Representative of the United 
States. 


* 


Iiidorsemen ts 
and loans. 


Use of name as 
reference. 

Prescribed in the 
Cjnsnlar Regula¬ 
tions. 


Special cases. 


Ditties of Diiilo- 
inatic Reiiresenta- 
tivi'S. 


Consnls-General. 


Corresponden ce 
of Consuls. 


Relations of Cou- 
snls-General to 
Diplomatic Repre¬ 
sentatives. 


Leaves of ab¬ 
sence and appoint¬ 
ments in certain 
countries. 


32 


Subordinate ap- 
poiiitin cntsbyDip- 
lomaticRepresent- 
atives. 


Suspension by 
Diplomatic Repre¬ 
sentatives. 


Commission and 
exeqxratur. 


Subordinate offi¬ 
cers. 


Temporary per¬ 
mission to act. 


Application t o 
authorities. 


TEMPORARY APPOINTMENTS AND SUSPENSIONS. 

147. In case a vacaucy occurs iu the offices both of Consul anti 
Vice-Consul, which requires the appointment of a person to perform 
temporarily the duties of the Consulate, the Dii)lomatic Representative 
has authority to make such appointment, with the consent of the foreign 
Government and iu conformity to law and the Consular Regulations, im¬ 
mediate notice being given to the Department of State. In those coun¬ 
tries, however, where there are Cousuls-General, to whom the nomina¬ 
tions of subordinate officers are required to be submitted for approval, 
the authority to make such temporary appointments is lodged with 
them. Immediate notice must be given to the Diplomatic Rei)resent- 
ative of the pro[)osed appointment, and if it can be done within a rea¬ 
sonable time, he should be consnlted before the appointment is made. 
If such a vacaucy should occur iu a Consulate-General, the temporary 
appointment will be made by the Diplomatic Representative. 

148. Occasions may arise iu which the official or personal conduct 
of a Consul or Commercial Agent is of a character making it desir¬ 
able and proper, iu the interests of good service, that he should at once 
be suspended from his functions. Under the general supervisor^" au¬ 
thority conferred upon a Diplomatic Representative, this power may be 
exercised so far as to suspend temporarily an Officer until the decision 
of the Department of State can be made known. Such an extreme 
measure, however, should be resorted to oul^’ iu cases of grave miscon¬ 
duct, and in no case when the reasons deemed to justify it can be 
l)romptly communicated to the Department. 

EXEQUATURS. 

149. When a Consul is appointed it is the practice of the Dei)art- 
ment of State to send the Consular commission to the Diplomatic Rep¬ 
resentative in the country to which the Consular district belongs, with 
instructions to apply in the proper quarter for an exequatur, by which 
the Consular Officer is officially recognized and authorized to discharge 
his duties. When the exequatur is obtained, it is transmitted to the 
Consular Officer at his post, through the Consulate-General, if there be 
one in the country; otherwise, directly to his address. The Consular com¬ 
mission is also sent to him at the same time. It is usual, also, to apply iu 
the same manner for the exequaturs or formal recognition of subordinate 
officers. The practice in respect to such officers in the colonies or de¬ 
pendencies of a country is to instruct the Consul-General, or the princi¬ 
pal Consular Officer, if there be no Consul-General, to apply to the 
proper colonial authority for permission for the subordinate to act tem¬ 
porarily iu his official capacity, pending the result of the request for the 
exequatur. Upon the application of the Consular Officer, or of the 
Consul-General when there is one, the Diplomatic Rei)resentative may 
make to the Minister for Foreign Affairs such request for temporary 
permission to act, in the case of any Consular Officer under his juris¬ 
diction. 

INTERVENTION OF THE DIPLOMATIC AGENT WITH 'J HE LOCAL GOV¬ 
ERNMENT TO SECURE CONSULAR RIGHTS. 

150. In countries with which the United States have treaty stipu¬ 
lations providing for assistance from the local authorities. Consular Offi- 




cers are instructed that it is undesirable to invoke such interposition un 
less it is necessary to do so. In cases of arrest and imprisonment they 
will see, if possible, that both the place of confinement and the treatment 
of the prisoners are such as would be regarded in the United States as 
proper and humane. If a request for assistance is refused, the Consular 
Officer should claim all the rights conferred upon him by treaty or con¬ 
vention, and communicate at once with the Diplomatic Ilepreseutative 
in the country, if there be one, and with the I)ei)artmeut of State. 
When such lequests are made in accordance with long-established 
usage, he should, when they are refused, make suitable representations 
to the proper local authority, and likewise advise the Legation and the 
Department. 

Article XV.—Judicial Extraterritorial Rights and Functions of 

Diplomatic Ag^ents. 

151. By treaty stipulations with most non-Christian countries, the 
United States has acquired a right of extraterritoriality. 

Congress has enacted certain statutes for carrying into effect the 
provisions of treaties in this respect by couferiiug judicial powers 
upon Consular Officers and original or appellate jurisdiction upon Dip¬ 
lomatic Agents. These statutes are embraced in sections 4083 to 4130, 
inclusive, of the Revised Statutes. It is the duty of all Dii)lomatic 
Agents in those countries to acquaint themselves with these provisions 
of law. 

For the convenience of the Diplomatic Agent, certain particulars 
concerning his original powers and tunctious, and his advisory, supervi¬ 
sory, or appellate relations to Consular Officers exercising extra territo¬ 
rial jurisdiction in the same country, are herein given, premising that 
our legislation on the subject is in a very unsatisfactory and uncertain 
condition, which Congress has been asked to remedy. 

WHAT LAWS TO GOVERN PROCEEDINGS. 

The jurisdiction of both Ministers and Consuls in criminal and 
civil matters is to be exercised in conformity, 1st, with the laws of the 
United States; 2d, with the common law, equity, and admiralty; and, 
3d, with decrees and regulations, having the force of law, made by the 
Ministers of the United States in each country, resi)ectivel 3 *, to supply 
defects and deficiencies in the laws of the United States, or the common 
law, as above defined. 

15!S. This power of the ^Minister to make laws and regulations is 
limited, by construction of the Department, as not imi)arting to him 
an arbitrary power of legislation, but as remedial and confined to 
acts necessary to organize and give efficiency to the courts created 
by the act. 

154. The authority conferred by the statute is defined to be -a judic¬ 
ial authority. The Minister is required to execute the power in con¬ 
formity with the laws of the United States, with authority to supply de¬ 
fects and deficiencies in two cases only: 1. Where those laws are not 
adapted to the exercise of the judicial authority conferred by the statute; 
2. Where they are deficient in provisions to furnish suitable rem¬ 
edies. In each of these contingencies the Minister has authority to 
make regulations in order “ to furnish su itable and approiniate remedies f 
2890 D A -5 


Secured by trea¬ 
ties in c e rt ain 
countries. 

Statutory enacq,- 
nients. 


T® be carefully 
studied. 


Certain special 
cases. 


Jurisdiction, how 
exercised. 

Revised Statutes, 
sec. 4086. 


Power of Minis¬ 
ters to make laws. 


Delinition ot 
such authority. 



34 


Act of Juue 22, 
1860, Statutes at 
Large, vol. 12, p. 
73. 


Forms of p r o- 
ceedings. 

Revised Statutes, 
sec. 4117,4120. 


How pre pared 
aud published. 
Revised Statutes, 
sec, 4118. 


Revised Statutes, 
sec. 4119.—Act of 
Juue 22, 1860, 
Stats, at Large, 
vol. 12, p. 73. 

Forms iu Consu¬ 
lar Courts. 


Powers of Cou- 
suls. 

Revised Statutes, 
secs. 4087, 4090, 
4109. 


and for no other purpose whatever. Every jiower named in the statute 
in this respect is conferred upon the Minister, “ in order to organize and 
carry into effect the system of jurisprudence.'’^ 

FORMS OF PROCEEDINGS. 

155. It is provided that the Ministers shall prescribe the forms of 
all processes to be issued from the Consular Courts, the mode of execut¬ 
ing and the time of returning the samej the manner in which trials 
shall be conducted, and how the records thereof shall be kept; the 
form of oaths for Christian witnesses, and the mode of examining all 
other witnesses; the costs to be allowed to the prevailing party, and 
the fees to be paid for judicial services ; the manner in which all Officers 
and Agents to execute process shall be appointed aud paid ; the form 
of bail bonds, and the security which shall be required from the party 
who appeals from the decision of a Consul. He is required to make 
from time to time such further decrees aud regulations as may be nec¬ 
essary. It is his duty also to establish a tariff of fees for judicial serv¬ 
ices, to be paid by such parties and to such persons as he shall direct. 

150. The statute further provides that all such regulations, decrees, 
and orders shall be plainly drawn up iu writing, and submitted, as here¬ 
inbefore provided, for the advice of the Consuls, or as many of them as 
can be consulted without prejudicial delay or iucouvenieiice, aud each 
Consul shall signify his assent or dissent in writing, with his name sub¬ 
scribed theieto. After taking such advice, and considering the same, 
the Minister in each of those countries ma;s', nevertheless, by causing 
the decree, order, or regulation to be published with his signature 
thereto, and the opinions of his advisers inscribed thereon, make it 
binding and obligatory, until annulled or modified by Congress; aud it 
shall take effect from the publication or upon any subsequent day 
named in the act. 

All such regulations, orders, and decrees shall, as speedily as may 
be after iiublicatiou, be transmitted by the Ministers, with the ojiin- 
ions of their advisers, as drawn up by them several!}’, to the Secretary 
of State, to be laid before Congress for revision. 

157. The forms and practice in each Consular Court have now become 
settled by usage. Each Consul is required to conform to them. Should 
he find defects in any part of the existing system, he will call the at¬ 
tention of the Diplomatic Eepresentative of the United States to them. 
The power of directing a change is vested in that Officer by law and 
should be exercised, if called for by circumstances, in the manner pre¬ 
scribed in the foregoing sections. 

LIMITATION OF CONSULAR JURISDICTION. 

158. The power of commencing original civil and criminal proceed¬ 
ings is vested in Consular Officers exclusively, except that capital cases 
for murder or insurrection against the Government of either of the 
countries named in the statute, or offenses against the public peace 
amounting to felony under the law’s of the United States, committed by 
citizens of the United States, may be tried before the Minister. Original 
jurisdiction is vested in the Ministers also iu cases where the Consular 
Officer is interested either as party or witness. 


35 


JURISDICTION IN CAPITAL CASES. 

1^9. A perusal of the sev^eral sections of the existing statutes may 
leave the Diplomatic Agent in doubt as to whether it was the intention 
of Congress to make his jurisdiction in capital cases exclusively orig¬ 
inal, or exclusively appellate, or either as the case miy be, or simply 
revisory. Section 4084 gives to Ministers and Consuls in China, .Japan, 
Siam, Egypt, and Madagascar jiower to arraign and trj'“ all citizens 
of the United States charged with offenses against the law.” Section 
4080 refers to the jurisdiction so conferred as exercisible “ in both crimi¬ 
nal and civil matters.” Section 4087 authorizes each of the Consuls at 
ports in the above-named countries to arrest and try all offending citi¬ 
zens ot the United States. Section 4090 ])rovides that capital cases 
may be tried befon^ the Minister if allowed jurisdiction by treaties- 
Section 4091 authorizes each of the Ministers in the countries named 
“to hear and decide all cases, criminal and civil, which may come before 
him, by appeal,” in cases where appeal is jirovided. Section 4102 pro¬ 
vides that insurrection or rebellion against the Government of either of 
those countries, and murder, shall be capital offenses punishable with 
death, but no person shall be convicted unless the Consul and his asso¬ 
ciates all concur, and the Minister also approves of the conviction. 
Section 4100 provides that where the Consul shall be of the opinion 
that associates will be useful, there shall not be less than four such as¬ 
sociates in capital cases. Section 4108 provides that the jurisdiction 
allowed by the Ministers in the countries named above shall be exer¬ 
cised bj' them in those countries wherever they may be. Section 4109 
provides that the jurisdiction of the Minister, in all matters of crimes 
“ except in caiiital cases * * * shall be appellate only.” 

If in doubt on these points, it may be advisable, wherever there is a 
Consular Court established, for the Diplomatic Agent to coniine his 
jurisdiction to matters of revision and appeal, as the course most con¬ 
sonant with the usual principles of justice which it is made his duty to 
apply. 

I 60 . The Statute provides that in the case of a conviction entailing 
the death penalty, it shall be the duty of the Minister to issue his war¬ 
rant for the execution of the convict, appointing the time, place, and 
manner; but if the Minister is satisfied that the ends of public justice 
demand it, he may from time to time iwstpone such execution; and if he 
finds mitigating circumstances ichich authorize it^ he may submit the case 
to the President for pardon. 

161. As this provision stands, it appears to make the Diplomatic 
Agent the sole judge of the propriety of extending Executive clemency 
to the convict. It was probably not the intent of Congress to bar the 
exercise of the President’s power of pardon at the discretion of a Di¬ 
plomatic Agent; and it would be manifestly improper as well as of 
doubtful constitutionality to do so in the possible case of conviction 
being had before the Officer whose duty it is made to execute the sen¬ 
tence. In cases coming under this statutory provision, the Department 
of State deems it advisable that the Diplomatic Agent should always 
regard the ends of public justice as requiring postponement of the ex¬ 
ecution until the case is reported and copies of the judgment and tes¬ 
timony are transmitted to the Department of State and the President’s 
views in the premises shall have been received. 


> 


Capital cases. 


Statutory pro- 
visioBS as to j uris- 
cliction. 


Jurisdictiou of 
Minister in capital 
cases preferably 
appellate. 


Execution of tbe 
death penalty. 
Revised Statutes, 
sec. 4103. 


When the Presi¬ 
dent’s views may 
be requested. 


B6 


Revised Statutes, 
sec. 4106. 


Revised Statutes, 
secs. 4102,4106. 


Revised Statutes, 
sec. 4106. 


List of associ¬ 
ates. 


As-sociates may 
be summoned b y 
Ministers also 


Punishment to 
conform to United 
States laws. 


Settlement of 
controversies. 
Revised Statutes, 
sec. 4098. 


In criminal cases. 
Revised Statutes, 
sec. 4099. 


Appeals. 

Revised Statutes, 
secs. 4091, 4093, 
4094,4095. 


ASSOCIATES. 

162. Consuls may also, when of opinion that legal questions may 
arise in which assistance will be useful, or that a punishment in excess 
of one hundred dollars’ fine or sixty days’ imprisonment is required, 
summon associates, citizens of the United States, not more than four 
in number, taken by lot from a list to be previously approved by the 
Minister, to sit with them on the trial, each of whom is to enter upon 
the record his judgment and opinion, and to sign the same; but the 
Consul himself gives the judgment in the case, whether it accords with 
that of his associates or not. 

16J{. In trials for capital offenses, there must be not less than four 
associates, who must all agree with the Consul, and the opinion must be 
apjjroved by the Minister before there can be a conviction. 

164. It is the duty of a Consular Officer after arrival at his post to 
make him.self acquainted with the leading resident citizens of the United 
States, in order that he may nominate for the approval of the Minister 
a list of individuals for the purposes of the statute. 

165. The list should be full, so as to embrace, if possible, every 
interest in the community. It should be composed exclusively of citi¬ 
zens of the United States of good repute residing at the place. From 
time to time it should be revised. No person should be permitted to 
act as an associate on a trial who has any interest, direct or contingent, 
in the suit. 

166. Section 4106 of the Revised Statutes seems to give Consuls 
only the discretionary iiower to summon associates. In practice, how¬ 
ever, it is customary for the Minister to exercise this power in cases 
where he has original jurisdiction. 

SENTENCES. 

167. In the infliction of punishments on persons convicted in Con¬ 
sular Courts, Diplomatic Agents as well as Consular Officers are ex¬ 
pected to be governed by the provisions of the statutes of the United 
States prescribed for similar offeuses, and will be careful that the sen¬ 
tence in each case is in conformity therewith. 

SETTLEMENT OF CONTROVERSIES. 

168. It is the duty of Dijffomatic Agents equally with Consular 
Officers to encourage the settlement of controversies of a civil character 
by mutual agreement, or by submitting them to the decision of referees ; 
and the form of such submission is to be acknowledged before the 
Officer. After hearing any case the referees are required to deliver 
their award sealed to the Officer, who is to ojien it in court. If he ac¬ 
cepts the award he shall indorse the fact, and render judgment thereon. 
The parties, however, may always make a settlement before return is 
made to the Oflicer. 

169. In some criminal cases it is lawful for the parties concerned 
therein, with the assent of the Minister in the country, or Consul, to 
adjust or settle the same among themselves upon pecuniary or other 
considerations. 

APPEALS. 

170. The Minister is authorized to hear and decide all cases, crimi¬ 
nal and civil, which may come before him by appeal, and to issue all 
processes necessary to execute the power conferred upon him; and he 
is fully empowered to decide finally any case upon the evidence which 


37 




comes uj) with it, or to hear the parties further, if he thinks justice will 
be promoted thereby. He may also prescribe the rules upon which new 
trials may be granted, either by the Consul or by himself. Provision 
is also made for appeal in certain cases from the decision of the Minister 
to the circuit court for the district of California. 

i 7 1. An appeal may be taken to the Minister from a decision of a Appeal toMinis- 
Consul acting alone, where the fine exceeds one hundred dollars or the ^Revised Statutes 
term of imprisonment for misdemeanor exceeds sixty days. sec. 4089. 

172. If associates sit with the Consul in criminal proceedings (ex- When associates 
cept capital and except in the case mentioned in the preceding para- ^Revised Statutes 
graph), an appeal can be taken to the Minister only in the event of sec. 4106. 
disagreement between the Consul and any of the associates. 

1 7J1. In civil cases the consul is required to summon, under the stat- In civil proceed- 
ute, associates, therein described, to sit with him (1) when he is of opinion ‘^yjsed Statutes 
that the case involves legal perplexities, or (2) when the damages de- sec. 4107. 
manded exceed five hundred dollars. In a case in which the damages 
demanded do not exceed five hundred dollars, if he decide the case with¬ 
out aid, his decision is final. But in such cases, when associates sit with 
the consul, an appeal can be taken to the minister where the^ is a dis¬ 
agreement of opinion between any of the associates and the consul. 

Article XVI.—miscelluneous Duties. 


DIPLOMATIC OFFICERS ACTING FOR FOREIGN STATES AND SUBJECTS. 

174. Diplomatic Ofilcers are sometimes requested to discharge tern- Ministers acting 
porarily the duties of those of other countries. It may be proper as a States, 

matter of comity to accede to such requests, but not (unless under urgent 
circumstances) until permission has been granted by the Department 
of State. Diplomatic Officers, however, are prohibited by the Constitu¬ 
tion (Art. 1, Sec. 9) from performing without the consent of Congress 
any duties for any foreign Government which involve the acceptance of 
office from such foreign Government. 


NEGOTIATION OF TREATIES. 


1 7d. Whenever a Diplomatic Agent of the United States is intrusted Full powers, 
with the negotiation of a treaty or convention, a full power will be given 
to him. 

176. In case of urgent need a written international compact between 

a Diplomatic Agent and a foreign Government may be made in the ab- Provisional ne- 
sence of specific instructions or powers. In such cases it is preferable fuiVpowers^^^^^^^^ 
to give to the instrument the form of a simple Protocol, and it should 
be expressly stated in the instrument that it is signed subject to the ap¬ 
proval of the signer’s Government. 

177, The Diplomatic Agents of the United States will adhere to the “ Altemat." 

principle of the in all cases where they shall have occasion 

to sign any treaty, convention, or other document, with the plenipoten¬ 


tiaries of other Powers. 

178. For the convenience of Diplomatic Agents who may be in¬ 
structed or empowered to negotiate and sign a treaty of convention 
with the Government of a country where another language than English 
is officially employed, the following explanatory regulations touching 
the clerical preparation of such instrument are given: 

A. The texts of the two languages should be neatly engrossed in par¬ 
allel columns on the same sheet, if possible, or on opposite pages of the 
same document. Two separate copies in different languages are not 


Clerical form of 
treaties in two 
languages. 


The two texts to 
he parallel. 


38 


Observauce o f 
tbe alternat. 


Relative position 
of the texts. 


Fidelity of equiv¬ 
alence enjoined. 


Exchange of 
ratifications. 


advisable, although this expedient is sometimes resorted to in the East¬ 
ern countries. 

B. In the copy to be retained by the J3iploinatic Agent and transmit¬ 
ted to this Government, the United States is named first, in all places 
where the alternative change may conveniently be made, throughout 
both texts. Conversely in both texts throughout the treaty, the foreign 
Government is first named in the copy which it retains. 

C. The language of the Government which is to retain and publish 
the convention should always occupy the left-hand place in the copy to 
be delivered to it. 

D. The utmost care should be takeu to insure the substantial equiv¬ 
alence of sense of the two texts, so as to exclude any erroneous effect 
due to translation. While a strictly literal translation is often harsh, 
and sometimes imi) 0 ssible, the absolute identity of the idea conveyed is 
indispensable. To this end the punctuation of the two texts should 
also be attentively scrutinized and brought into substantial conformity. 

E. Inasmuch as in this country the pleasure of the Senate must be 
awaited before the treaty can be ratified, and as delays may accordiugU" 
supervene, it is the preference of this Government that it be provided 
that the ratification and the exchange of ratifications shall be ettected 
“as soon as possible” rather than within a specified time. 


EXTRADITION OF FUGITIVE CRmiNALS. 


Extraditiou of 179. Applications for extradition are made, as a rule, by the Diplo- 
fugitive criramals. matic Kepresentative. In case a Consul is charged with such a duty, 
he may expect to receive instructions from the Department of State 
or from the Diplomatic Eepresentative. 


DEPORTATION OF CRIMINALS, ETC., TO THE UNITED STATES. 


Deportation of 1 §0. By the act of Congress of March 3, 1875, and August 3, 1882, 
*^^^^at8*at*^arge made unlawful for certain persons to immigrate to the United 

voj. 18, pt. 3, p. States. Provision is made for the inspection of a vessel, if there is 
188 i-’ 8 ^ 2 ^P^2lV * ’ I'eason to believe that such persons are on board, and for their return at 
the expense of the vessel. 


Diplomatic offi¬ 
cers’ duties. 


Diplomatic offi¬ 
cer may protest. 


Diplomatic Officers are enjoined to exert an active vigilance to pre¬ 
vent the deportation of these persons, and should they depart for the 
United States notice thereof should immediately be given that they 
may be stopped before landing. 

The shipping of known paupers or criminals to the United States is 
regarded as a violation of the comity which ought to characterize the in¬ 
tercourse of nations, and should be prevented by every proper measure. 


3I0RM0N EMIGRANTS. 

Increase in Mor- 181. The accessions to the polygamous JMormon community are 
mou immigration. drawn from the ignorant classes of Eurojie. A recent decision 

Decision of the of the Supreme Court of the United States has determined that the 
Supreme Court. polygamy of Mormonism is a violation of the laws of the United States 
Act of March 22, respecting the crime of bigamy, the provisions of which are embraced 
in section 5352 of the Eevised Statutes. A recent statute defines the 
offense of polygaiuj- and provides for prosecution and punishment. It 
is believed that no friendly Power will knowingly lend its aid to attempts 
made within its borders against the laws and Government of the United 
States. 




\ 


39 


Accordingly, the Diplomatic Representatives of the United States in Instructions to 
Great Britain, Denmark, Sweden and i^orway, Switzerland, Germany, tain^cou^ntr^s?^^ 
Austria-Hungary, Italy, Belgium, the ISTetherlands, and France, have 
heretofore been instructed to urge the subject upon the attention of the 
Governments to which they are accredited, in the interest not merely of 
a faithful execution of the laws of the United States, but of the good 
order and morality which are sought to be promoted by all civnlized 
countries. 


TESTIMONIALS FOR THE RESCUE OF SHIPWRECKED AMERICAN SEA¬ 
MEN. 


1 StJ.-Congress makes annual provision to enable the President to 
award suitable testimonials in deserving cases where foreign shipmas¬ 
ters or crews of foreign vessels may have shown humanity or bravery 
with risk of life, in the rescue of shipwrecked American seamen, or the 
relief of American vessels in distress at sea. These testimonials are 
awarded in the name of the President and usually consist of some 
material gift. 

It is the duty of Diplomatic Agents to report to the Department 
of State any instances which may come to their knowledge of acts of 
humanity and courage shown to shipwrecked American seamen by 
shipmasters or subjects of the foreign state. Such reports should give 
all accessible particulars necessary- to reach a decision upon the pro¬ 
priety of awarding a testimonial in the cases, and the names of the de¬ 
serving parties should, if i)ossible, be accurately ascertained. 

In no case, however, will a Diplomatic Agent take it upon himself to 
pledge the Government of the United States to any form of recognition* 


Provisions for 
testimonials for 
saving life at sea. 


How awarded 
and presented. 


Meritorious cases 
to be reported. 


Caution. 


INFORMATION AS TO LIGHT-HOUSES, BUOYS, SHOALS, ETC. 

183. Diplomatic Officers are expected to report all matters that may 
come to their knowledge affecting the navigation of waters in their 
districts, or that may be of public interest or advantage. All notices 
of the erection of new light houses, removals or changes in those estab¬ 
lished, the discovery or survey of shoals and reefs, changes in chan¬ 
nels, the fixing of new bnoys and beacons, and all subjects that con¬ 
cern the interests of navigation, should be communicated promptly to 
the Department of State. If published notices are sent, two copies 
should be furnished; and if they are in a foreign language they should, 
when practicable, be accompanied by translations. 


FORMS. 

1 84. A limited number of forms adapted to the transaction of the appended 

business of a diplomatic mission is appended to these Instructions. 

These forms will be followed in all cases where their use is obligatory. 

Other forms suitable, with .slight alteration, for use in diplomatic busi- , Other forms in 

, , . T XT T /. 1 1 Tx 1 . the Consular Reg- 

ness, will be found in Appendix Xo. IX of the Consular Regulations ulationsof 1881. 

for 1881, pages 507-597. If so desired, printed copies of any of these 

forms can be sent to the Diplomatic Agent. 

Article XVII.—Leaves of Absence. 

185. Ill case of leave not being asked or granted, or if granted not Leaves of absence 
availed of, in any one calendar 3 ’ear, the term for which such leave might cumulative, 
hav^e been granted cannot be added to the leave of a subsequent year. 






40 


Compensation. 
Revised Statutes, 
sec. 1742. 

Leaves are of 
tvro kinds. 


Travel. 


Limitation of 
absences. 

Revised Statutes, 
sec. 1742. 


Conduct of busi¬ 
ness while in the 
country. 


Absence for ten 
days. 

Revised Statutes, 
sec. 1741. 

18 Stats., 77. 


ISO. Although the time for which leave may be graiitetl is discre¬ 
tional, the time during which compensation may be paid, under the 
statute, is not. 

Leaves of absence are of two kinds—simple leave, and leave with 
permission to visit the United States. The character of the leave 
desired must be distinctly expressed in the application. Both classes 
of leav^e are subject to the statutory conditions alluded to above. When 
leave of absence is granted to return to the United States, the term 
is computed from the day of arrival in the United States to the day of de¬ 
parture therefrom; but a reasonable time in addition is allowed for going 
to and returning from the officer’s place of residence, provided a visit 
to his residence is made, but not otherwise. The transit allowance men¬ 
tioned ill section 1742 of the Itevised Statutes, and for which the allotted 
times are scheduled in these regulations, is a maximum allowance to 
cover delay for any cause. 

The concession, during leave of absence, of any transit time for 
travel other than to and from the United States is impossible under 
the statute. 

187. It is the evident intent of Congress, as exjiressed in the stat¬ 
ute, that Diplomatic Agents should not be absent from their posts more 
than sixty days in any one year, with the additional time necessary for 
the transit to and from their places of residence should they return to 
the United States; and that if they are absent more than that time 
they shall not receive compensation for such additional period. 

188. The Department does not regard the statute as requiring Dip¬ 
lomatic Agents to reside throughout the year at the seat of Government. 
There are long iieriods in every year when, by reason of the departure 
of the principal members of the Government from the capital, or from 
other causes, the public interests will not suffer should a member of a 
Legation reside temporarily at some other place in the same country. 
But in such case it is expected that the office of the Legation will be 
daily opened as usual for the transaction of business by a Secretary 
thereof, and that the Diplomatic Agent will fix his place of residence at 
some near and convenient point within the territories of the Power to 
which he is accredited, whence he can without delay visit the Legation 
whenever necessary, and can at any moment be summoned by tele¬ 
graph ; and he will, in such case, report to the Department the place 
where he thus establishes himself, the day of his departure from the 
seat of Government, and the day of his return thereto. With this ex¬ 
ception a Diplomatic Agent will be regarded as at his post only when 
he is at the seat of Government. 

189. When a Diplomatic Officer is absent from his jiost for a period 
exceeding ten days at an}' one time, without permission previously 
obtained from thePresident through the Department of State, no portion 
of the salary or compensation of the office will be allowed for any time 
in excess of the ten days, unless the propriety and necessity of the 
absence shall b*^. made clear to the Department. It is understood that 
the provision in regard to an absence of ten days w'as intended to meet 
those cases of sudden emergency which allow no sufficient time for 
communicating with the Department, and in which some serious detri¬ 
ment is likely to occur before a formal application can be acted upon. 
It is not to be assumed that an unauthorized absence of ten days can 
be taken as a matter of course. 


41 


190. ApplicatioUvS for leaves of absence must be made by post, and 
when replies to such applications are requested to be made by tele¬ 
graph a sufficient reason must be given for the request. If the request 
be complied with, the expense of the reply will be chargeable to the 
Officer soliciting it. 

191. Diplomatic Representatives will report to the Department of 
State, as they occur, all absences from their respective posts (as the 
post is above defined) exceeding forty-eight hours, whether by leave or 
otherwise; and all such absences are to be regarded as a part of the 
sixty days for which salary may be received while the Representative 
is absent during any one year. Accounts and certificates of absence 
for the use of Treasury Officials are to be made to conform to this in¬ 
struction. 

19!!2. The provisions laid dowu in the statute with respect to orig¬ 
inal transit to a post of duty are in like manner applicable to the tran¬ 
sit journey to and from the United States while on leave of absence 
with express permission for such visit. Permission to visit the United 
States can never be imi^lied. 

19.1. An Officer, ordered to another post of duty, maj’^ solicit leave 
of absence, with or without permission to return to the United States 
before proceeding to his new post. In no case can such leave, if 
granted, extend beyond the date w’hen the vacancy created by the 
Diplomatic Officer’s departure is filled by the arrival of his successor 
at the vacated mission; or beyond the term of sixty days in any one 
calendar year, as already explained. 


Applications not 
to be made by tel¬ 
egraph. 


Absences t o b e 
reported. 


'transit while on 
leave. 

Revised Statutes, 
sec. 1742. 


Absence in case 
of transferred offi¬ 
cers. 


Article XVIH.—Secretaries of Legation. 

194. The general duties and obligations of a Secretary of Legation General duties, 
are, from their nature, little susceptible of a minute definition, and must, 

therefore, in a great measure be determined by circumstances, or ascer¬ 
tained by the growing experience of the Minister at the head of the 
Legation. 

Upon all occasions the Secretary will be particularly on his guard Reticence en- 
against talking to others of the affairs of the Mission, or disclosing to 
them, directly or indirectly, anything connected with those affairs. 

195. It is the duty of a Secretary of Legation to transcribe and Clerical duties, 
disjiatch the letters or communications of the Minister, to whomso¬ 
ever addressed, upon the affairs of his Legation, as well as all dis¬ 
patches and communications to his own Government and that to 

which he is accredited; to make and send duplicate copies of the same 
when necessary or required, and to record all such dispatches and com¬ 
munications in suitable books, to be carefully preserved with the archives care and custody 
of the Legation, as forming an essential and important portion of those of the archives, 
archives. The proper classification, indexing, and custody of the orig¬ 
inals of all dispatches, notes, and official communications addressed to 
the Minister or to the Legation, touching the affairs thereof, will also 
be under his immediate control; subject, of course, to the Minister’s su¬ 
pervision and directions. It will be a Secretary’s duty, moreover. Attendancedur- 
^ habitually to attend, during the usual hours of business, at the office of ing office hours, 
the Legation, as well for the purpose of executing the duties above 
prescribed as for that of answering any official applications of his fellow- 
citizens or others. As the records, books, archives, seal, and cipher of 
the Legation are always supposed to be under the immediate care and 
15775 D A- 6 



42 


Subordination to 
minister. 


How acting as 
charg6 d’affaires ad 
in terim. 


Compensation as 
charge d’affaires ad 
interim. 


Notarial services. 
Kevised Statutes, 
sec. 1750. 


Seal of the lega¬ 
tion to be used. 


Distribution o f 
duties. 


No extra com¬ 
pensation if acting 
as First Secretary. 


superintendence of the Secretary of Legation, all due care and method 
will be expected on his part in the arrangement and preservation of 
them. 

196. As long as the Minister is present, the Secretary of Legation 
is not recognized by any Foreign Government as being authorized to 
perform a single official act other than as directed by the Minister him¬ 
self ; and it follows, as a necessary consequence, that in his official con¬ 
duct he is under the direction, and subordinate to the control, of his 
immediate superior. 

ACTING AS CHARGE D’AFFAIRES ild interim. 

197. If at any time, from circumstances or accident, the place of 
the principal Dii)lomatic Agent should become vacant, it will be the 
duty of the Secretary of Legation, in the absence of other provision 
on the part of this Government upon the subject, to retain the charge 
of the seal, cipher, records, books, and archives of the Legation, and 
to take upon himself the discharge of the ordinary functions of the 
Mission, as Charg4 d’Affaires of the United States ad interim, till the 
vacancy be otherwise supplied. In the event of the Minister’s absence 
from his post, by permission of the Department, the duties of Charge 
d’Affaires ad interim will in like manner devolve ui)on the Secretary; 
and in such case he will be duly presented by the Minister to the Min¬ 
ister for Foreign Affairs as the officer in charge of the Legation. 

198. It is to be distinctly understood that whenever a Secretary of 
Legation shall act as Charge d’Affaires ad interim, this circumstance 
will not give him any other claim to compensation than that jirovided 
for the contingency by act of Congress. The compensation provided 
by the act of 18th August, 1856, is in lieu of his salary as Secretary of 
Legation, which under that act ceases during the time he shall so act as 
Charge d’Affaires ad interim. 

UNOFFICIAL SEUVICES. 

199. The existing statute authorizes a Secretary of Legation, equally 
with a Consul, to administer oaths, take depositions, and generally to 
perform notarial acts. This statute is not construed by the Department 
as mandatory on a Secretary of Legation. He is at liberty to act or to 
refuse to act, but it is thought that he will feel it his duty to accommo¬ 
date persons desiring his services in a notarial capacity. When so act¬ 
ing, he is entirely outside of his official duties, and his compensation, 
if he receives any, will belong to him personally. Should a seal be re¬ 
quired, he will use that of the Legatioji. Where there is a Consul of the 
United States in the city it is preferred that duties of this character be 
performed by him. 


SECOND SECRETARIES. 

1:200. The duties of a Second Secretary of Legation are, in general, 
similar to those of a First Secretary of Legation, whom he assists in 
the performance of the work of the Mission as herein prescribed. In * 
doing so, the wishes and directions of the Minister will govern the dis¬ 
tribution of their joint duties. 

1^01. In the absence of the First Secretary of Legation, the Second 
Secretary, when there is one, is not entitled to any compensation beyond 


43 


the salary fixed for his office by law, for acting in place of, or perform¬ 
ing the official duties assigned to, the First Secretary. 

A Second Secretary of Legation does not act as Charge d’Af- Not to act as 
faires ad interim except in the event of the absence, death, or disability ad Infei ww ^Tept 
of both the Minister and the First Secretary of liegation. Should the in certain cases, 
case arise, he needs no formal credence from the Secretary of State to 
the Minister for Foreign Affairs, but acts ad interim in virtue of his rank 
as a Secretary of Legation. His compensation in such a contingency Conipensation if 
will be as prescribed in the case of the princij)al Secretary of Legation. 


Article XIX.—Keiit^i and Coiitiiig:eiicie!S. 


203. It is the custom of the Department to make an allowance to 
purely Diplomatic Agents for rent of offices. * 

204. Where the office rooms devoted to the business and archives 
of the Mission are situated in the residence of the Diplomatic Agent, a 
moderate allowance is made to him, to an amount deemed sufficient to 
defray the proportionate rental of the rooms devoted to business pur. 
poses, as comi)ared with the rental paid for the whole dwelling. This 
allowance is not intended as a contribution toward the Agent’s personal 
expenses of living, but simply as an adequate and equitable arrange¬ 


Office rent. 

Revised Statutes, 
sec. 170H. 

Office rooms in 
the Agent’s resi¬ 
dence. 


ment. 


OFFICERS COMBINING DIPLOMATIC AND CONSULAR FUNCTIONS. 

20S. A number of Diplomatic Agents are, by law, also Consuls- Combined office. 
General. Except as to salary drafts, their financial relations with the 
Department of State and the Treasury Department are in their Con¬ 
sular capacity only. In the matter of rent and contingent allowance, 
application should in each instance be made to the Department of State 
for instructions. 


SPECIFIC ALLOWANCES. 

206. stationery .—Diplomatic Officers are allowed for such station- Stationery, 
ery as may be used in their official correspondence only. This is usually 
furnished by the Department of State, except to Legations at the prin¬ 
cipal capitals, where the facilities for obtaining such supplies well and 
economically are as good as in the United States, when the contingent 
allowance of the Mission is expected to cover the purchase. At any 
Legation, however, necessar 3 " articles of stationery may be bought, if 

they can be obtained at reasonable rates within the limits of the con¬ 
tingent allowance. In making requisitions upon the Department care 
should be taken to state what kind of stationery is wanted, and the 
quantity of each kind. 

207. Furniture .—It is expected of Diplomatic Officers thattheir offices Furniture, 
shall be suitably and respectably furnished. For this purpose they are 
generally allowed for furniture a book-case, and other cases capable of 
containing the archiv^es, a suitable desk and table, and the necessary 

chairs, a sofa, carpet or matting, and curtains. In all cases, before 
incurring expense for furniture. Diplomatic Officers will obtain the 
sanction of the Department of State, and in their applications they will 
be careful to state the articles required and the estimated cost of each. 

208. Foreign newspapers, not exceeding three in number, are al- Newspapers 
lowed to each Legation, and are a charge against its contingent fund^ 


% 


44 


Subscriptions therefor should be settled quarterly, aud the account 
reudered for the quarter correspoiidiug- to the subscription. 

Two newspapers published in the United States will be sent to each 
Legation, in the discretion of the Department. These may be desig¬ 
nated by the Chief of Legation on or before the 1st of iMay in each 
year, for the fiscal year beginning on the 1st of July following. A sub¬ 
scription which for any case may begin at another time shall be frac¬ 
tional only, not extending beyond the 30th of June next followdiig, and 
express request for its renewal for a subsequent year must be made as 
above. Correspondence concerning the opening or renewal of sub¬ 
scriptions to these papers must be had with the Department, and not 
with the publishers. In no case will a Diplomatic Agent subscribe to 
any paper published in the United States and send the bill, or direct 
it to be sent, to the Department of State for payment. 

Telegrams. 309 . Telegrams will not hereafter be regarded as part of the ordi¬ 

nary contingent expenses of a Legation. An accurate account must be 
kept of all telegrams charged in the Ministers’ accounts, which will be 
transmitted at the close of each month to the Department, at which 
time the Minister or Charge may draw upon the Secretary of State for 
the amount paid for telegrams during the month. 

Cbarges not al- 310 . 1^0 allowance will be made to Diplomatic Agents for expeudi- 
* tvires for the following objects: Repairs, donations, except the necessary 
and customary annual gratuities to foreign official dependents ; taxes, 
carriage-hire, traveling expenses, unless authorized; contributions to 
chairtable or other objects; foreign flags; telegrams, except in cases of 
exigency; printed books or maps, advertisements; clerk-hire, unless 
provided for by law or under authority from the Department of State; 
or for copying or translations, except when made by special order aud 
authority of the Department. All such charges, if incurred, will beat 
Kepairs. the personal expense of the head of the Legation. Repairs, however, 

of the official seal or of furniture, and the exi)euse of moving the 
archives and property on a change of location of the Legation officers, 
are proper charges against the Government. 

Article XX.—Special Provisions concerning Coinpensation. 


COMPENSATION OF PERSONS FILLING TWO OFFICES. 


Revised Statutes, 
see. 1686. 


Charge d’Aft'aires 
ad interim. 

Revised Statutes, 
sec. 1685. 

Revised Statutes, 
sec. 1739. 

When compeu- 
satiou for two offi¬ 
ces is allowed. 

Revised Statutes, 
sec. 1686. 


Superadded of¬ 
fice. 


311 . The statute provides that when to any diplomatic office held 
by any person there is superadded another, such person shall be allowed 
additional compensation for his services, in such superadded office, at 
the rate of flfty per centum of the amount allowed by law for such 
superadded oflice. 

313. This provision does not apply to a Secretary of Legation acting 
ex officio as Charge d’Affaires ad interim, for his compensation is deter¬ 
mined by another statute, nor to a Consul performing diplomatic duties. 

313 . It applies when a lawfully salaried Diplomatic Agent atone 
post is authorized and accredited to perform the duties of another post 
for which provision is likewise made by law; in which case the statute 
further allows transit time between the two posts at the same rate of 
flfty per centum of the salary of the superadded office. 

314. It also applies in the case of an Officer at a Legation authorized 
aud required to discharge, in addition to his regular functions, the 
duties of another office at the same Mission; except where the 


45 


offices of Secretary of Legation and Interpreter are distinct and either 
Officer performs the duties of the other. 

31^. In either case,.the instructions of the Department of Stu-te 
should be awaited before drawing for the compensation allowed for the 
superadded office, and rendering account tlierefor. 

dlO. For such time as a Consular Officer may, under specific instruc¬ 
tions to do so, perform diplomatic functions in the absence of the regular 
Diplomatic Officer in the country to which he is appointed, he is enti¬ 
tled, in addition to his compensation as such Consular Officer, to receive 
compensation for his diplomatic services at the rate allowed by law for 
a Secretary of Legation in such country. This rate has been fixed at 
fifteen per centum of the salary provided for the diplomatic Represent, 
ative. In countries in which the United States have no such repre. 
sentative, a Consular Officer is not authorized to prefer any claim for 
extra compensation for services that may partake of a diplomatic char¬ 
acter, whether performed under the instructions of the Department of 
State or otherwise. In case expenses are incurred in carrying out the 
Department’s instructions, they will be reimbursed, if found proper on 
examination. 


COMPENSATION IN CASE OF 3IALFEASANCE. 

217. A Diplomatic Officer will not be entitled to the compensation of 
his office in case he is recalled for malfeasance, or resigns in anticipa¬ 
tion of such recall, except to the date of such resignation, or of the 
receipt by him, or at the Legation, of the notification of the recall. In 
neither case will compensation be allowed for the time occupied in the 
transit to the United States. The right is reserved in any such case to 
direct the retention of any part or the whole of the compensation and 
of any sum due to such officer, if the circumstances are deemed to 
justify that course. 

TRANSFER OF A DIPLOMATIC AOENT TO ANOTHER POST. 

^51 8. In the event of a Diplomatic Agent, already at his post, being 
transferred to another Mission, that circumstance of itself gives him no 
right to home transit, to leave of absence, or to other allowance than 
that of direct transit time allowance in proceeding from his former post 
to his new one. While the Secretary" of State may in his discretion order 
a Diplomatic Agent so transferred to come to Washington to receive 
instructions, yet the Officer may be instructed to proceed directly to his 
new post; and any failure to comply with the Department’s orders in 
this respect will subject the Officer to loss of salary during any time 
when he shall not be at either post or in transit by the most usual and 
direct mode of conveyance from one to the other. 

219. Salary during such time of direct transit will be computed on 
the basis of the salary of the post to which the Diplomatic Agent is 
proceeding, and he will render his accounts, and draw therefor, on 
arrival at his new post. 

220 . Should a Diplomatic Agent, so transferred, visit the United 
States, either on leave duly granted, or under the express instructions 
of the Department, his salary during the homeward transit, not to ex¬ 
ceed the limits hereinbefore prescribed, will be paid on the basis of the 
office he vacates, anu will be adjusted and settled at the Department of 
State, in like manner as any other homeward transit. 


Instructions t o 
be awaited before 
drawing compen¬ 
sation. 

Paj' when per" 
forming Diplomat¬ 
ic duties. 

Revised Statutes, 
sec. 1739. 


Resignation o r 
recall for malfea¬ 
sance. 

Revised Statutes, 
sec. 1740. 


Limitations as 
to transit of trans- 
feiTed officers. 


Salary for tran¬ 
sit, how computed. 


Transit to the 
United States 
when authorized. 


46 


Transit by way 
of the United 
States. 


Instruction al¬ 
lowance. 


Transit t o post 
after be i n g i n - 
structed. 


Residence to be 
at the capital des¬ 
ignated. 


Official visits to 
other capitals. 


Allowances not 
to overlap. 


Drafts to be in 
United States cur¬ 
rency. 


Drafts for salary. 


Contingencies. 


221, If tbe usual and quickest means of transit oblige a transferred 
Diplomatic Agent to pass through the United States on his way from 
his late post to his new one, and he be under orders to make the transit 
directly and without leave of absence, the fact of the Agent’s passage 
through the United States will not be considered as a visit” to the 
United States, or as dividing the total time of transit into two periods 
of homeward transit and transit to his new post; but his journey will 
be regarded as embracing one transit only, to be performed with all 
expedition, and to be accounted for as hereinbefore prescribed. In 
such a case the Officer will not prolong his stay in the United States, 
or deviate from the usual route of travel between the two posts, with¬ 
out the express authorization of the Secretary of State. 

222, If the officer be ordered to report in Washington for instruc¬ 
tions, he will be compensated for the time actually and necessarily 
employed in receiving them, not to exceed the statutory limit of thirty 
days, on the basis of the salary attached to his new post. 

22S, His transit allowance to his new post, after he shall have re¬ 
ceived instructions as provided in the i)receding article, will follow the 
usual rules hereinbefore laid down. 

REPRESENTATION AT TWO OR MORE MISSIONS. 

224, In some instances a single Diplomatic Agent is accredited as 
the representative of the United States to two or more foreign Govern¬ 
ments. In such a case the capital of one of the countries is designated 
by the President as the official residence of the Agent, and the time 
allotted for transit is computed up to the date of his arrival at that 
capital. Should the Agent, thereafter, in the performance of his official 
functions, be called upon to visit the seats of government of the other 
country or countries to which he is accredited, no special time allowance 
for transit is prescribed, but he will conform to the specific instructions 
of the Department of State as to any allowance for traveling expenses. 

OVERLAPPING. 

225, In no case do the periods allotted for receiving instructions 
and for transit to the seat of the Mission overlap one another; neither 
can the transit allowance overlap the regular salary at the post of duty. 
During no one period of time can a Diplomatic Agent receive more than 
a single rate of salary. 

Article XXI.—Oeiieral Provisions concerning: Drafts. 

DRAFTS. 

22G, Drafts of Diplomatic Officers must not be made for foreign 
moneys of account, but for the equivalent value in the currency of the 
United States. In estimating the relative value of the foreign cur¬ 
rency in which they may receive the proceeds of their drafts, they will 
adopt the values of foreign moneys as in the table of equivalents (Form 
^fo. 148, Consular Pegulatious, 1831, page 586). 

227, In their drafts for salary. Diplomatic Agents will be careful 
not to exceed, in the amount drawn, the sum to which they may be 
entitled in account with the United States at the date of the draft. 

They will be permitted to draw for the amount allowed to their re¬ 
spective Legations for contingent expenses, and for rent, abthe begin- 


47 


niug of a quarter or from time to time during the quarter, as may be 
necessary; provided that drafts therefor shall in no case be drawn in 
excess of the proportion of the whole amount allowed to the part of 
the year which will at the close of such quarter have expired. All 
amounts drawn and all expenditures made must be accounted for at 
the end of each quarter. 

228. If there should be any imospect of the interval between the re¬ 
tirement of a Diplomatic Agent and the arrival of his successor being 
prolonged, and the Legation is in the hands of the iSecretarj’ as Charge 
d’Affaires ad interim. theDet)artment of State, on due request being made 
to it, will authorize the Charge to draw for the contingent allowance of 
the Legation by authorizing the bankers to honor his drafts for the con¬ 
tingent allowance until the arrival of the Minister. In such a case the 
Charge d’Affaires ad interim becomes resi)onsible and renders account in 
like manner as a Minister. 

229 . Drafts for salary or for contingent expenses will be drawn as 
follows: 

Officers in the Legations at Buenos Ayres, Vienna, Brussels, La Baz, 
Rio de Janeiro, Peking, Copenhagen, Paris, Berlin, London, Athens, 
Rome,Tokei,The Hague,Lima,Teheran,Lisbon,St. Petersburg, Madrid, 
Stockholm, Berne, Bangkok, Constantinople, and Caracas will draw upon 
the bankers of the Department in London, upon being furnished by the 
Department with i)roper credits therefor. All other Officers will draw 
upon the Secretary of State for salary and for contingencies. 

For ex])euses incurred for telegrams, drafts will be made upon the 
Secretary of State, as hereinbefore prescribed. 

230 . The Secretaries of Legation of Berlin, London, Paris, Peking, 
Rio de Janeiro, Vienna, St. Petersburg, Tokei, and Madrid receive let¬ 
ters of credit on the bankers of the United States in Lonoon, authoriz¬ 
ing them to pay drafts for salary as it becomes due. The Secretaries of 
Legation at the City of Mexico, Santiago, and Lima draw for salary di¬ 
rectly upon the Secretary of State. In availing hiuiself of his credit or 
authorization to draw for salary, a Secretary of Legation will be careful 
not to exceed in the amount drawn for the sum to which he may be enti¬ 
tled in account with the United States at the date of his drafts. 

231 . All drafts drawn by Diplomatic Officers, whether on the Sec¬ 
retary of State or, in the case of those holding Consular office also, on 
the Se<*-retary of the Treasury, are to be drawn at fifteen days’ sight, 
acceptance icaived, in order to give sufficient time to the accounting offi¬ 
cers to adjust the accounts before the day of payment. Drafts for dis¬ 
bursements made for objects not expressly authorized by law or instruc¬ 
tions must not be drawn until notice is received from the Department 
of State that the accounts ami vouchers have been examined and ap¬ 
proved. 

i23;2. Each draft must designate the account on which it is made, 
whether for salary or for contingencies; no draft should be drawn for 
both salrry and contingencies jointly, and care should be especially 
taken that no draft cover any period of time embraced in more than 
one fiscal quarter. All sterling drafts must be at the rate of $4.86/o% 
to the pound sterling. Convenient rabies for reducing pounds sterling 
to dollars and vice versa at this rate will be found in the Consular Reg¬ 
ulations for 1881, Forms Nos. 161 and 162. 

233 . Whenever a draft is drawn by a Diplomatic Officer the blanks 
in the engraved forms transmitted by the Department of State should 


Wheu a Charge 
d’Att’aires ad inte¬ 
rim may draw cou- 
tingent allowance. 


How drawn. 


For telegrams. 


How drawn. 


Not to exceed 
amount due at 
date of draft. 


To be drawn at 
fifteen days’ sight. 


Drafts to desig¬ 
nate accounts on 
which drawn. 


Blank to be filled 
by d r a w e r and 
sealed. 


48 


Sale'of drafts. 


Loss l)y exchange. 


Gain hy exchange. 


Indorsements by 
procuration. 


Accounts must 
precede or accom¬ 
pany drafts. 


To he stated in 
United States cur¬ 
rency. 


To be made quar¬ 
terly. 


be filled up by the drawer in his own handwriting; and for still further 
protection against forgery, or the payment of fraudulent drafts, the 
draft should be sealed with the seal of the Legation. 

^34. In disposing of their drafts Diplomatic Officers are expected 
to use their best discretion to negotiate them at the most favorable 
rates. It is necessary that they should state on the face of every draft 
for salary or authorized expenses the account for which it is made; and 
every draft for expenses authorized by special instructions should refer 
explicitly to the date and number of the instruction in which such au¬ 
thority was given. The same reference should appear in the correspond¬ 
ing account. 

335. Diplomatic Officers who desire that the losses by exchange 
actually and necessarily sustained in the negotiation or sale of their drafts 
shall be allowed at the Treasury are instructed that hereafter, in mak¬ 
ing up their accounts, they will be required to present a voucher in 
accordance with the prescribed form exhibiting— 

1st. The date of draft. 

2d. The amount of draft in United States currency. 

3d. Gross amount of dralt in foreign currency. 

4th. The rate of exchange. 

5th. Loss on sale of draft. 

6th. Upon whom and on what account drawn. 

336 . A gain by exchange in the sale of a Diplomatic Officer’s drafts 
should be credited to the Government in the statement of account, and 
shown by a voucher in the form prescribed in the preceding section. 

337 . The accounting officers, who are required to see that no person 
receives money from the Treasury but by lawful title, cannot recognize 
indorsements by procuration unless on satisfactory i^roof of their suffi¬ 
ciency. To prevent the dishonor of such bills or drafts it may be well 
for Diplomatic Officers to obser\"e the form prescribed with a view to 
overcome this difficulty. 

338 . Diplomatic Officers are explicitly informed that drafts except 
for current salary are not paid until the accounts and vouchers for 
which they are drawn have been received, examined, and approved; 
and that in order to secure payment, as well as to prevent embarrass¬ 
ment and delay to holders, it is necessary that the accounts should be 
sent so as either to precede the arrival of, or be received at the same 
time w'ith, the drafts. 

In the case of all drafts, and especially of drafts for salary, drawn 
upon the Secretary of State in pursuance of these instructions, a letter 
of advice should invariably be addressed to the Department of State, 
by the Diplomatic Agent, in which the date, amount, and particulars 
of the draft are stated in detail. 

Article XXII.—Accounts and Vouchers. 

GENERAL RULES. 

339 . All accounts of Diplomatic Officers, like their drafts, must be 
stated in the currency of the United States, not in foreign money of 
account or currency. The table of equivalents of foreign moneys will 
be found in Form No. 148 of the Consular Regulations of 1881. 

340 . All accounts, except the final account, the accounts for salary 
while waiting instructions and while going to the post, and the monthly 
account for telegrams must be rendered at the close of the calendar 


49 


quarter, viz: On the 31st March, 30th June, 30th September, and 31st 
December. If not rendered on the day assigned, the Department must 
be advised of the reason of the delaj’, and the accounts must be for¬ 
warded by the earliest possible post, the duplicates following the origi¬ 
nals by a later mail. 

241. Diplomatic Officers are required to kee]) the following general 
accounts, viz: 1. Salary; 2. Contingent expenses; 3. Telegrams; 4. Loss 
by exchange. In case a special account for any other purpose is opened 
by order (as, for instance, for the arrest or extradition of a criminal), 
that account will be kept separate, and a separate return tliereof made. 
Expenditures incurred for or by the order of any other Executive De¬ 
partment are not to be included in any account against the Department 
of State, but must be transmitted through the Department of State, fol¬ 
lowing in this respect the general rule regarding correspondence with 
other Departments. 


SALARY ACCOUNT. 

242 . The first salary account will be stated for the time, not exceed¬ 
ing thirty days, during which the Diplomatic Agent is receiving his 
instructions. The account should be submitted and the draft draAvn 
before departure. No allowance of salary, however, on account of time 
occupied in receiving instructions is made when the appointee is out of 
the United States at the time of appointment. Salary begins at the 
date of the oath of office. 

243 . A separate account should be stated for the time occupied in 
the transit from the residence of the Diplomatic Agent to his post of 
duty. 

244 . The final account should be accompanied by a dispatch stating 
the time actually and necessarily occupied in making the transit from 
the post of duty to the place of residence of the Officer. The allowance 
of salary in such a case is never granted until the transit has been made, 
and will not be allowed nnless the transit takes place within a reason¬ 
able time after being relieved. 

ACCOUNTS FOR CONTINGENT DISBURSEMENTS. 

24 o. As the Diplomatic Agent is alone empowered by regular let¬ 
ter of credit to draw the contingent allowance of his Legation, he is 
resiionsible for its disbursement, and the accounts therefore must be 
signed by him. 

If a Minister at a Legation where there is a Secretary go away on 
leave, intending to return, he is expected to leave with the Secre¬ 
tary sufficient funds from his unexpended contingent balance to defray 
the current expenses of the office. This is necessary, as the Charge 
d’Affaires ad interim cannot draw against the Minister’s contingent 
credit. The contingent accounts, however, are not to be rendered by 
the Charge d’Affaires, but should either be sent to the Minister while 
on leave, for his signature, or should preferably be held to await his 
return to his post. 

246 . Accounts should be transmitted to the Secretary of State, in du¬ 
plicate, each copy by a different mail, to guard against delay by loss or 
miscarriage. Exact vouchers in all cases of expenditure will be re- 

L5775 D A -7 


Titles of accounts. 
Special accounts. 


Salary account. 


Transit salary. 


Transit liouie. 


Accounts for con¬ 
tingencies. 


Provision for 
contingencies dur¬ 
ing Minister’s ab¬ 
sence. 


Duplicates. 





50 


Accounts to be 
sent to Depart¬ 
ment of State. 


Vouchers. 


Postage. 


Loss bj* ex¬ 
change. 


Absences] to be 
reported. 


quired, aud, when in a foreign language, must be accompanied by Eng¬ 
lish translations; but as contingent expenses are sometimes incurred 
under circumstances not admitting of a regular voucher for every item, 
a separate account of these should be kept and certified by the Officer 
rendering the account. 


SEPARATE ACCOUNT S. 

^47. Besides the general accounts mentioned in section 241 the 
following separate accounts are to be transmitted in duplicate to the 
Department of State, viz: account for clerk-hire; account for jiaj’ of 
persons employed, but not formally commissioned, as interpreters, guards, 
and other expenses in non-Christian countries; account for rent of 
prisons, wages of keepers, and other ex[)enses, in China, Japan, Siam, 
Turkey, and other non-Christian countries; account for expenses in¬ 
curred in the arrest and transportation of persons charged with crime; 
account for expenses of acknowledging the services of masters and 
crews of foreign vessels in rescuing American citizens; and any account 
specially ordered by the Department of State. 

VOUCHERS. 

248. Vouchers in a foreign language, not accompanied by trans¬ 
lations, may be suspended by the accounting officers. In all cases they 
must be the originals, as copies of vouchers will not be audited. In 
case, however, it should be impracticable to obtain duplicate vouchers 
for any item, the original voucher should accompany the original state¬ 
ment of account, and a certifieil copy be sent with the duplicate state¬ 
ment with an explanation of the necessity for so doing indorsed 
thereon. 

249. Postage .—From the nature of the case, no voucher can usually 
be required for this disbursement beyond the personal explanation of 
the Diplomatic Agent. If, however, an account is kept with the local 
post-office, a voucher should be obtained from the postmaster, when 
practicable. Postage is not to be charged in the account of a Diplo¬ 
matic Officer, except on dispatches and letters received and written by 
him on official business and b3^ reason of his office. Vouchers for loss 
by exchange should be embraced in the statement of account thereof. 

ABSENCES, HOW STATED IN ACCOUNTS. 

2o0. Each quarterly account for salary must be accompanied by a 
statement certified by the Officer, and showing the absences from the 
post during the quarter, aud whether b}" leave or oth erwise. All ab¬ 
sences from his post exceeding forty-eight hours, whether bj’ leave 
or otherwise, are to be reported by the Diplomatic Officer to the De¬ 
partment as they occur, and are to be regarded as a part of the sixty 
days for which salary maj" be received, while absent during anj^ one 
year. If there be no absences during the quarter, a certificate of non. 
absence should accompany the quarterly’ account. 

COMPENSATION OF BEARERS OF DISPATCHES. 

251. The compensation of bearers of dispatches, when employed 
with an intention to compensate them, is not to exceed six dollars per 
diem for the time actually aud uecessarilj’ occupied in that service, and 
their necessaiy traveling expenses. 


51 


TOUCHERS FOR UNEXPENDED BALANCE AT TERMINATION OF OFFICE. 

tSod. A Diplomatic A^ent, haviug resigned or baring been recalled, 
and being about to quit his post, should turn over any unexpended 
balance of contingent allowance for the current quarter to his succes¬ 
sor, or, if he quit his post before his successor’s arrival, then to the 
Secretary of Legation who is to act as Charge d’Affaires ad interim^ 
and take his receipt therefor in duplicate. This receipt, with such 
vouchers as he may have up to the time of his departure, will be his 
quittance for the amount of contingent fund drawn by him and charged 
to his debit on the books of the Treasury. His statement of account 
will be made out up to the day of his taking leave or installing the 
.Charge d’Aflfaires in office. 

The Charge d’Affaires will credit to the United States whatever official 
sums he may receive from the retiring Minister, and will duly account 
therefor, in his own name, with customar}' vouchers. 

ACCOUNTS OF A CHARGE D’AFFAIRES AD INTEREil. 

A Secretary of Legation acting as Charge d’Affaires ad interim 
as herein provided will submit to the Department separate accounts 
at the end of such term of temporary charge, or if this extend beyond 
the last day of a regular quarter he shall render a like account for the 
partial periods to the end of the first quarter, and from the beginning 
of the succeeding quarter, and when approved, a special authorization 
to draw therefor will be given him. If, however, his necessities require, 
he can, while acting as Charge d’Affaires ad interim, draw against his 
account as Charge on the Secretary of State and discontinue the prac¬ 
tice of drawing on the bankers or on the Department for his salary as 
Secretary of Legation, and at the end of the quarter, or of his tempo¬ 
rary incumbency, on the approval of his accounts, special authority to 
draw will be sriven him for such further sum as mav theu be found due. 

o ^ 

DEPOSIT OF PUBLIC MONETS. 

^^4. Xo authority can be given to a Diplomatic Officer under which 
he can be relieved of his liability for public moneys in his possession, 
deposited by him with banks or bankers, other than the designated 
bankers of the United States, and in the latter case the deposits must 
be made to the credit of the Government. All personal deposits other¬ 
wise made are at his own risk; and in the event of loss by failure or 
. otherwise of the banks or bankers, the Department of State is with, 
out the power to relieve him from the necessity of making good the 
amount. Eelief can be obtained only by an act of Congress. 

.4rticle XXIII.— Teriiiinafioii of a Oiplomatic Agent’s yiission. 

The Agent’s resignation should always be tendered to the 
President, but the letter tendering such resignation should be addressed 
to the Secretary of State. The telegraph should not be resorted to 
except in case of emergency. 

A civil officer has a right to resign his office at pleasure, and 
to take effect it is only necessary that the resignation should be received 
by the President. This rigid construction is, however, not adhered to 
in practice in the case of Diplomatic Agents, and a conventional date 
is assigned when a resignation shall be deemed to take effect. 


Unexpended bal¬ 
ance at close of 
term of office. 


How rendered. 


Deposit of pub¬ 
lic moneys. 


Resignation, 
how tendered. 


U. S. rs. Wright, 
1 McLean, p. 509. 



52 


When it takes 
efifect. 


Kesignatiou 
while on leave in 
the United States. 

Resignation 
while absent. 

! Return to post 
expected. 


Resignation 
tendered to take 
effect at end of 
leave. 


Transfer. 


Recall at pleas¬ 
ure of the Presi¬ 
dent. 


When functions 
cease. 

Opinions of At- 
tornevs-GeneraljV. 
6, p. 87. 

Recall while on 
leave. 


Suspension. 
Revised Statutes, 
sec. 1768. 


Opinions of At- 
torneys-Gen e r a 1, 
V. 13, p. 221. 

Op. cii. V. 13, p. 
300. 


So7. Eesig'iiatiou while at the Agent’s post is always understood 
to take effect on his being relieved by his successor. If desired to take 
effect sooner, the circumstance should be stated iu the letter of resig¬ 
nation, and be so accepted, before the incumbent quits his post. 

S58. Resignation while on leave of absence in the United States is 
understood to take effect from the date of its acceptance. 

If the Diplomatic Agent tender his resignation while absent 
from his post on leave, but not in the United States, it is understood, 
unless otherwise stated,that he will return to his Mission on the termi¬ 
nation of his allotted leave and await the arrival of his successor; but 
if his successor reach the seat of the Mission before the termination of 
the Agent’s leave of absence, his resignation and his leave of absence 
take effect and determine on the entrance of his successor upon the 
duties of his office by presentation of his credentials. 

360. If a Diplomatic Agent, having received leave of absence (with 
or without permission to return to the United States), tender his res¬ 
ignation to take effect at the expiration of his leave of absence, it may 
be so accepted, provided the demands of the public service do not re¬ 
quire that the vacancy be sooner filled; and if so tilled, the retiring 
officer’s leave shall be held to terminate thereby. 

361. A Diplomatic Agent may be transferred to another post, either 
upon his own application, if circumstances make it advisable to accede 
to his request, or in the discretion of the President. If the latter be 
the case, his non-acceptance of the arrangement does not give him any 
claim to remain in his former office. 

363. A recall is usually accomplished at the pleasure of the Presi¬ 
dent, during a session of the Senate, by sending to that body the nomi¬ 
nation of the Officer’s successor. Upon the confirmation and commis¬ 
sion of his successor, the original incumbent’s office ceases. He is, 
however, expected to remain at his post until duly relieved. If circum¬ 
stances require otherwise, the case must be governed by the special 
instructions of the Secretary of State. In any case his official functions 
do not cease until he has received notification of the ai)pointment of his 
successor, either by specific instruction of the Department of State or 
by the exhibition of his successor’s commission. 

36St. A Diplomatic Officer may be recalled while on leave of absence? 
and his successor appointed, as above. In such case, his office, and 
with it his leave of absence, ceases on the receipt by him of official no¬ 
tification of the fact. 

364. The statute provides that during any recess of the Senate the’ 
President may, in his discretion, suspend any civil officer appointed by 
and with the advice and consent of the Senate (except judges of the 
courts of the United States), until the end of the next session of the 
Senate. Meanwhile the duties of the office are to be temporarily dis¬ 
charged by a person properly designated, who, during such time as he 
shall perform the duties of the suspended officer, shall be entitled to the 
salary and emoluments of the office, no part of which shall belong to 
the officer suspended. 

365. The person suspended is held to be still the incumbent of the 
office, and the interruption of the performance of his duties is tempo¬ 
rary and provisional. He is not displaced until the entrance of his suc¬ 
cessor upon the duties of the office. 





53 


369. The suspeusiou of a Diplomatic Officer may occur while he is 
absent from his post on leave, in which case the suspension takes effect, 
and the right to receive salary while on leave, within the prescribed 


366. A Diplomatic Officer, upon whom are conferred the judicial Diplomatic Ageut 

powers prescribed in sections 4083 to 4130 of the Revised Statutes, is at e s 

not deemed by the Department of State to be a judge of a court of the court. 

United States within the meaning of section 1708, but may be sus¬ 
pended in like manner as any other Diplomatic Officer. 

367. The statute further provides that a successor to the suspended Revised Statutes, 
officer shall be nominated to the Senate during its next session succeed- ^*^Nomhmtiou o £ 
ing the suspension; and if the nomination in place of the suspended successor, 
officer be rejected, the President may still make other nomination dur¬ 
ing the same session. In case such session of the Senate shall adjourn Failure to cou- 
without acting upon the nomination before it, it is held that the failure Opiuious of At- 
of the Senate to confirm such nomination operates to restore the sus- torneys-Gen e r a l, 
pended officer; yet it is held also that the latter may again be suspended pp. 62, 37G. ’ 

by the President for any causes which in his judgment are sufficient, 
without regard to the time when such causes began to exist. 

368. The duties and salary of a suspended officer at his post cease ^ al's^mdeV su^ 
when the person designated to temporarily perform his duties shall en- pension. 

ter thereon. 

Smspeusion while 
absent from post. 
When effective. 
Transit of sus- 

.. . .pendedofiicer 

limit of Sixty days, ceases on the Officer being notified of his suspension, homeward. 

370. A suspended officer will be allowed the prescribed time for 
transit in returning to the United States, during which he may receive 
compensation at the rate provided for the office from which he is sus¬ 
pended; but such transit allowance will not be made if the President’s 
warrant of suspension state that the incumbent is suspended for mal¬ 
feasance in office. 

371. If the Senate fail to confirm the appointment of a successor to Resumption o f 

duties o t* Hi sus* 

an Officer suspended, and he be not again suspended, the salary to which pended Officer, 
this removal of the suspension entitles him will be held to recommence 
on the day of setting out for his post, and he will receive transit allow¬ 
ance for return thither in like manner as a new appointee; but no in¬ 
struction period can be allowed him. 

373. The recall of a Diplomatic Officer for malfeasance in office is 
effected during a session of the Senate, in like manner as a simple recall, 
by sending to that body the nomination of his successor. It becomes 
effective in like manner upon the arrival of his successor; unless, upon 
the confirmation of a successor by the Senate, the President shall direct 
• the recalled Officer to quit his post forthwith, in which case his right to 
compensation ceases on the receipt by him of the notification of recall- 

37H. An Officer is held to resign for malfeasance in office when spe. 
cific charges are laid against him and he offers his resignation without 
attempting to meet the charges, or after having responded to the charges 
unsatisfactorily. In like manner he is held to resign under charge of 
malfeasance if his resignation be tendered during the progress of an 
investigation duly ordered, or before such investigation shall have es. 
tablished his innocence of the charges, or after his guilt thereof shall 
have been established. 

374. In the same way he is held to resign for malfeasance if he 
tender his resignation knowing that charges of malfeasance have been 
preferred against him, or an investigation of his conduct has been duly 
ordered, and with intent to escape or evade the consequences of such 
charges or investigation. 


Recall for malfea¬ 
sance. 

When effective. 


When held to re¬ 
sign for malfea¬ 
sance. 


54 


Conipe n s a t i 0 a 
ceases with resig¬ 
nation. 

No transit al¬ 
lowed. 

R e i s e d Stat¬ 
utes, sec. 1740. 

Office not abol¬ 
ished thereby. 


Officer may serve 
without pay. 


Transit h o m e - 
ward. 


Transfer to an¬ 
other post. 


Official status of 
incumbent not 
necessarily termi¬ 
nated. 


Each case to bo 
decided by itself. , 


Compensation 
ceases with death 

Allowance to 
widows. 

Revised Stat¬ 
utes, sec. 1749. 


Ihincral expen 
ses not paid by the 
United States. 


An Officer resigning under cliarge of malfeasance or in antici¬ 
pation of recall therefor, loses the right to comitensation from the date 
of his resignation. 

!370. In either case, an Officer so recalled or resigning for any mal¬ 
feasance in office will not be allowed compensation for the time occu¬ 
pied in the transit from his post to his residence in the United States* 

277. The failure of Congress to make approiiriation for the support 
of a Diplomatic Officer is not held to be an abolition of the office itself. 
Although the right to receive the salary attached to the office ceases 
with the expiration of the term for which the previous appropriation 
was made, an Officer may, if he accepts the arrangement, be directed 
by the President to remain at his post and discharge its duties, without 
any claim to compensation unless Congress shall at any time so pro¬ 
vide. Uo compensation in lieu of salary can be made to a Dijilomatic 
Officer under such circumstances from any other item of appropriation. 

278. An Officer quitting his post, under orders, on the failure of 
Congress to make provision for his office, and returning to his home in 
the United States, will be allowed compensation at the rate of the 
salary formerly attached to the office during his homeward transit, 
within the prescribed limits of the authorized schedule of transit time 
in section 11. 

279. If he be transferred by regular appointment to another post 
for which Congress has made provision, he will be allowed compensa¬ 
tion during transit to his new post at the rate of the salary attached to 
the latter, under the general provisions relating to transferred Officers. 

280. The suspension of Diplomatic relations, although it implies 
the withdrawal of the ^Mission and the cessation of the Diplomatic 
Agent’s functions as to ward the Government to which he is accredited^ 
does not necessarily involve the termination of his office so far as his 
own Government is concerned. He may be deemed to retain his office, 
at the pleasure of the President. 

281. No fixed rule, however, can be laid down to meet the possible 
phases of the contingency; and the President consequently reserves 
the determination of the Diplomatic Agent’s tenure of office in accord¬ 
ance with the circumstances of the case. 

282. When a Diplomatic Agent dies while holding office his salary 
or compensation ceases on the day of his death. 

28S. The statute provides that whenever a Diplomatic or Consular 
Officer of the United States dies in a foreign country in the discharge 
of his duty, there shall be paid to his widow, or, if no widow survive 
him, then to his heirs-at-law, a sum of inonej" equal to the allowance 
now made to such Officers for the time necessarily occupied in making 
the transit from the Officer’s post of duty to his residence in the United 
States. 

28J:. There is no authority of law for incurring expense for the 
funeral obsequies of a Diplomatic Agent dying at his post, or for any 
compensation, reimbursement, or allowance whatever to his representa¬ 
tives except as provided in the preceding section; unless Congress should 
make specific appropriation in the case. The act of February 26, 1883, 
makes, however, provision for transporting the remains of Ministers and 
Consuls of the United States to their homes for interment, where such 
officers have died or may die abroad while in the discharge of their duties. 


55 


Article XXIV.—Retirement from tlie mission and Return to the 

United States. 

iJ85. In case a Diplomatic Officer is relieved, or his missiou is ter¬ 
minated before the end of the quarter for which he may have drawn 
on account of the amount allowed to his Legation for contingent ex¬ 
penses and rent, he will turn over any unexpended balance remaining 
in his hands to his successor or to the person left in charge of the Le¬ 
gation. In the event of the Mission itself being closed or suspe'nded 
for any cause during a current quarter, such amount should be returned 
to the Bankers in London if the Diplomatic Officer is authorized to 
draw upon them; otherwise, to the Department of State. 

386. A retiring Diplomatic Representative has no authority to in¬ 
stall a Consular Officer in charge of a Legation unless expressly au¬ 
thorized by the President so to do; nor can the Consular Officer receive 
the pay provided by law for a Charge d’Affaires unless he be especially 
accredited in that capacity. It is not unusual, however, for a Consular 
Officer to be temporarily charged with the custody of the archives and 
property of a Legation. This circumstance does not invest him with 
any diplomatic character or functions, and no allowance will be made 
to him except for the necessary expenses of such custody. 

387. A Diplomatic Officer, on quitting his Mission, should carefully 
conform to all the customary formalities. 

388. The official duties of a retiring Diplomatic Agent, and also 
the regular salary to which he is entitled while at his post of didy, cease 
on the day of presentation of his letter of recall to the Chief of the State, 
or in the case of a commissioned Charge d’Affaires, to the Minister for 
Foreign Affairs. If for any reason he should not be able to present his 
letter of recall in formal audience of leave-taking, his duties and salary 
cease on his taking liis departure from the seat of the 3Iission, unless 
sooner relieved by his successor. 

389. The conditions of transit of a retiring Diplomatic Officer, from 
his post to his home in the United States, are the same as prescribed 
for the transit of an outgoing Officer, and the schedule of allotted time 
within which such transit may be made with salary is the same as 
hereinbefore given, with addition of the time required for the journey, 
by the shortest and most direct mode of conveyance, from Washington 
to the Officer’s residence in the United States. Salary for the period 
covered by the homeward transit of an Officer returning from his post 
in good standing is not paid unless the journey be actually performed 
within a reasonable period after the close of his service abroad. 

390. The account therefor is presented and adjusted in the United 
States, and upon being audited and found correct is paid at the De¬ 
partment of State, thus closing the Officer’s accounts connected with 
the Mission from which he retires. If any balance, on such final adjust¬ 
ment, be fonnd due from the retiring Officer to the Government of the 
United States, it will be offset against the compensation due him for 
the time occupied by the homeward transit. 

391. Diplomatic Agents returning home at the expiration of their 
service abroad have no special authority of law to introduce their per¬ 
sonal effects free of duty and without examination. It is customary, 
however, for the Secretary of the Treasury, on due application being 
made by the returning Officer, through the Secretary of State, to grant 


Unexpended bal¬ 
ances to be turned 
over. 


To whom turned 
over. 


Temporary 
cbai’ge of mission. 
5 C. C. Reps., 430. 


Revised Statutes, 
sec. 1738. 


Farewell visits. 


When official du¬ 
ties cease. 


Transit. General 
provisions appli¬ 
cable. 


Supplement t o 
Revised Statutes, 
vol. I, p. 35. 

Homeward trans¬ 
it to be etfected in 
one year. 

Homeward trans¬ 
it adjusted in tbe 
United States. 

Final settlement 
of accounts. 


Free entry of ef¬ 
fects of returning 
Agent. 


56 


Free entry not 
granted wlien re¬ 
turning on leave. 


the admissiou of the household effects and personal property in use by 
the Agent during his ofldcial residence abroad. 

lu applying for such privilege, the Agent should state the name of 
the vessel in which his effects are to arrive. 

It is not customary to ask or grant such xtrivilege to Diplomatic 
Agents who merely come to the United States on transient leave. 


57 


APPENI3ICES. 


FOB MS TO BE EMPLOYED IK THE TRANSACTION OF THE BUSINESS OF 

DIPLOMATIC AGENTS. 

Form No. 1. 

Form of oath of allegiance. 

I,- -, do solemnly swear that I will support, protect, and defend the 

Constitution and Government of the United States against all enemies, whether 
domestic or foreign; and that I will bear true faith, allegiance, and loyalty to the 
same, any ordinance, resolution, or law of any State, Convention, or Legislature to 
the contrary notwithstanding; and further, that I do this with a full determination, 
pledge, and purpose, without any mental reservation or evasion whatsoever; and 
further, that I will well and faithfully ^lerform all the duties which may he required 
of me by law : So help me God. 


Sworn to before me this — day of-, 18—. 


•8 


15775 D A 












58 


FORM NO. 2. 

[First page of dispatch.] 

/ 36 . 










rr 


a'tJie 




/o a ^c/aie 6^/i/fc^ 


^am a 





59 


/36. 


[ Third page of dispatch.] 


t/ie (^iyCnitee/ 

- /2^ 


L3 

3 

136 


^/le _^ 

6Ad: 

Aa'i/e /Ae Aonoi /o mc/o^e Aeieuf/^A a /Ae 

^/Ae ^ t^^ae'u /o a no/e ie^^ectm^ /Ae /odd 

^Ae dA^z '^'''Wa'oe" a/ _ /F^a/do ay^tenFa dand/adbn 

/Ad dame^ anFa a Fd/abcAF^zdi bAe conduA a/ Mab^/ace 

on Mo dame du^bcb. 

^S/Ao ^ Mo fi_M/zmd/ 0 'i^ d zoM/ /o o/doi'ooo/, /Mod no 

nodoo Mo om 'o/onoo ded/mbbbooA on Mo ^zai / ^ ^o^zbam SF/anA, 
noi Mod eb Mo/aM Ma/ e^on Mo oMoi dio/o^ e^on zoAboA Mo oono/u- 
diond o/ Mo ^^M/midd^ ^ Mo /Fnboizoi aio^anMM. 

Mo jAzi ad Mo oonoAzob Mo Aoa/M ^^boid bd oonooinooA 
bb doozzzd Az^A/^ ^zobfa//o bAab bAo M^boa/b^ aiodo^ionz a mzdano/oZ- 
dbanoA'n^ /obnzoon bAom ano/ ^a^zbam FF/anA. Mb ooibabn^ a^^oaid 
dbn^a/ai bAab b/zoio d/zoa/M Ao no ^odon bn b/zo doiziboo bAo Aoa/b/z 
(^boi oa^zaA/o o^ yzoaAzn^ a Aan^aa^o oommoioba//^ do bn^oibanb 
ad ^n^/bd A. 

M Aao/ oc^ocbooA a domonz/zab oA^oionb i^/^^ Aamn^ Aoon 
AocA A^ b/zo oonduA d /obboi o^ MFozJonzAoi 2 bo da^odo bAo Aoa/b/z 







60 


d acifeon m Mg cade 4a</ /een c/cda^yzic'i^c/ ^ Me ^ca/ 
aaMcti^ied. (d e'cMen/ Ma^ Me eenda/ 'lead medchyiimeM cn Maif 
^wen^. 

^iMei m'ced^^^a^^en id c/eemec/ dieeeddai^^ Mmd 
d4cu/(/ ^e Mica^/i ecande/. ^SMid 'laea/M /e a 't/ei^ ec^zendc^ ^ic- 
ceeMn^j anM ^ M ne^ Mm^ m^de^ aaMc'ii^eM /c iedci^ ^ 
'Wi^/iea/ <^eaM md/iae/eend ^c Ma^ ^ee^. 

4at^e Me Mnei ^c /e^ dd, 

'^eai c/eMen^ dei'can^. 


LIST OF IJfCLOSURES. 

1. Count —-- to Mr. Doe, * J^ovemher 11, 1873. 

2. D'anslation of the above. 

3. Consul Roe to Mr. Doe, R'oveniber 2, 1873, 


* It is not deemed necessary in this instruction to print the note in the original language. It is expected, 
however, that Diplomatic Agents will in all cases send to the Department a copy of the original as well as the 
translation. 


% 




61 


LInclost’re 2 IN No. 136. —Translation.] 

^oetn^ ____ ^^< 9 . 


..^ Si^O'i/e'm/ei / /^ / 3. 


S^ei: 


f^yf/emd/ei oj/ //ie ^n^eUhi^ w4om ^ ^ad^e'f2e(/ 

commamca/e Me e/ecMmen/ Ma^ ^ea ^'i^oiec/ me m ^eii 

'no/e Me / /M Oj/ fS^^i/em/ei, Aa<i eaa^iec/ an im^ed^i^a/wn ^ 

mac/e m/o Me Mailed /iea^4^ 3^ ^a^^am S^/and^ Me 

'Wa^aej " a^aind/ Me 4ea/M ^leei Me 

^ ie^uM^cm Mty Ma^ a// Me eie^ta ^aM ^^edee/ daeie 

aMmi//e</ en ^ee ^iia/{^ae on Meii /anMh^^ anM O'liei^ neeeddai^ 

added^ance mad /en^ Mem Me ^ommiddconei. 'SMe ^a^t^acn 
anc/ Acd j/ame/^ meie ieeei'oee/ m Me ^ommedd{enei d 4oadej ane/ 

a^/ZeimaM^laddeM Me m^4/ m Ma/ ^ Me ^a^/am o^ Me Mam- 

^ai^ ^aaic/y €d Mid ae^ o^ e4ai€^ Ma^ ^o^/am S^/an4 4ao 
enc/eamiee/ ^o t/encanee ad a </e/en/ion em^mdee/ i^on 4im, r^^e 

mad a/ma^d 4^^^ee /o ^o ^o Me ec/^ oi ^o Me d4^i. W4cd /Mi^^ 
mad mao4e ade o^ 4^ Me dac/oidj m4o men^ on 4oaic/ Me d4{^z Me 
dame e'oenen^ m oic/ei /o /a4e ama^ Meei e/^e^d. 44t a^^^ieaid^ 

/eda/ed, Ma^ ^a^z^am 'S^yanA d4omeo4 /i/Me mc/ma/ion ^o o4o 
an^/4m^, ane/ on/^ on Me yoMomen^ moim'nj^ commeneee/ ^o 
Meied^ 4imde^/ en damh^ Me d4^ ana eaiyo. 










62 




^ ^ anc/ Me ^Sm^eM M^a/ee. 


63 


[Inclosure 3 IN No. 136. J 


^^2^7iite€/ .^SPtute^ ^^an^ti/cite^ 

___^ 2 , / 3 . 


fS^ci : 


am m ^oai ^/ie 2^M a/i^imOj 

i^s mcAdaiej ie/a^in^ Me M^i 'Wa^i^e. " 

^S^^iU'n^ ^e Me dame^ AA ma^ da^ Ma^ Me ciete Me 
"''Wa'i^e 'ieeie <ie^ a/ /Mei^^ ajAei eem^i/^eny. u/cM eei^aen ^i- 
maA^e^ a^ Me Aea/M e^ce, ^MMe Me ca^z^am 'zaad z/e^ameM, anMj 
ad Ae d^a/edj a^amd/ Aid 'Zii//. ^SAAid /e me id Me mod/ anac- 
coan/aMejAa/aie Me 'ZoAo/e^zioeeeoA'n^j 'ZoiM ie^aic/ /o di^AicA 

Aa^^ejAi/eoA/o oA/ain an^ da/id/ae/ionj Moa^A AFa/ odzee aoAAeddecA 
a commaniea/ion /o Me ^i^e/ am/ Me ^i^z/am ^ Me ^oi/, 
^imni^ a o/e/ai/ec/ d/a/emen/ ojA Me cade. 

am/eid/am/ Ma/ Me ea^z/ain ojA Me 'izeddeAAneaz noMonji, 
ojA Me ie/eade o^Me ciezo ^om Me Aa^aieZ/o an/iAajAei Me^ toeie 
^one^ zMiM aziAA^loAa//^ aeeoan/jAi Aid Aa'Oih^ j/aiAeA /o dem/ 
a medda^e & one cjA Meii namAei /o Me ^ondaA ci Me ^a^/ain 
Me 'AAoi/. (Ane ojA Me deame^z, ad a/ieaA^ d/a/eAj d^zoAe a 
Ai/Me "^enMj Aa/ ajAei Ae AejA, Me ca^z/ainj in Me a Adence CjA 
an in/e^zie/ei, /o zoAieA Ae zoad en/iMecAj mad anaA/e /o commani- 
ca/e miM an^ one. AA azn no/ dayziideA /Aa/ /Ae d/a/emen/d ad 
/o //me aie domemAa/ z/a^ae, cozzdioAeUn^ /Ae eizeaznd/aneed, Afi/A 
4 ey/iiiA. Aozoez4ei^ /o /Ae /izne m/ien /Ae ^a/i/ain oA /Ae 'AAoi/ 



64 

u 


aiie^ea^ Me ece?ie Me ^e /H'm<ie^ in^eunee/ fne Ma/ 

wad a^a^ / / o MM^ Me M/a^ /een^ eccadicnee/ ^ Me 
Ma^ wad -neceddai^ wae^ an^M O'^e Me d/eam-^a^d d^oa/c/ 
^e^ a^i d^eam. 

/eain^om Me ^a^/a<.n Me Ma/ Me imied/i- 

Me cade /lad /een ccdic/ae/eM anM a cc^t^ Me^licceec/- 

den^ Me f^M^imd^ei ^^/aune. Ma/dc emc/e^d^anMMa/, 
w/tMe de'ceie/^ cendaied Me cone/ac^ Me ^ea/M c^iceij a/do 
a^/ac/icd dome //ame /c Me cayt/am c^ Me '^^edd6/, on Me ^icadiM 
Ma^ /ie c/ec/meM Me deimbed dome ^a/wen wAo cj^e^eM /o dncd^e 
Aid dJedde/yet Me dam y Miceycanc/d dbeMiy. ?na^ dba/e on 

/eAay y Me cay/ain Mab Mid wad Ayoie Ae teaAyi/ Mab Aid 
d^edde/ uad in oAan^Mj anc/wAMe Ae doad waibiy jAi ayMob am/ 
ZiO/iAab. 

^S/Ae a^enb oy^ Me indaiance comyamed idybimeo/ me Mab 
Ae Aad iyo'ibec/ Me cade /o Me anc/eiwiibe^d am/ iyeiieo/ Mem /o 
my yicia/ iyioib bo Me Meciebaiy oyA Mbabe, /ab bAab y bo bAe 
yueaenb bbme Ae Aad iecebdieo/ no i 'ndb^acbiond ad bo n Aab coaide Ae 
id bo ytaidae. 

/F Aane b/ie Aonoi bo iemabUj dbi^ 

^oai o/eo/i'enb deit^anb, 

S/ ^ondiM. 

^S/o bAe SAid7t. yA/t'yi 

\ am/ f^/. y ^/S. ab ___ 



65 


Form No. 4. 


Form for authentication of signatures. 


United States Legation, 


-, 188—. 

I,-, Secretary of Legation of the United States at-, do hereby cer¬ 
tify that the signature of-, at the foot of the paper hereto annexed, is his 

true and genuine signature, made and acknowledged in my presence, and that the 
said-is personally known to me. 

In witness whereof I have hereunto set my hand and affixed the seal of the Legation 

at-, this day and year next above written, and of the Independence of the United 

States the-. 

[seal.] -, 


U. S. Secretary of Legation, 


Form No. 6. 
Exchange voucher. 


Date of draft. 

it 

S 

o 

a 

.s ^ 

g£ 

g 
o ^ 

« a 

K 

O.c 

U 

a 

1 

■g 

g On whom drawn and on what 

■r account. 

X 

c 

^ 1 

July 1,1879. 

$1,875 00 

£977.11. 7 

.02 

$37 50 Secretary of Treasury, % salary. 


Lisbon, July 1, 1879. 

We jointly certify that the above-descnbed draft was sold and purchased at the 
rate given in the above abstract. 

-, U. S. Minister. 

- -, Bankers. 


Form No. 7. 


Form of a Minister's account for compensation while receiving instructions. 

Government of the United States, 

To-, 

Minister of the United States at -, Dr. 

For compensation for the period, namely, -days, from- to 

-, actually and necessarily occupied in receiving instructions. 8 


To Hon.-, 

Secretary of State. 


U. S. Minister. 


Form No. 8. 

Account for compensation while making the transit to post of duty. 

Government of the United States, 

To-, 

Minister of the United States at -, Du. 

For compensation for the period, namely,-days, from-to-, 

actually and necessarily occupied in making the transit between my place of 
residence at-and my' post of duty , as per certificate hereunto 

annexed. ^ 

Cr. - 

By' my draft on... ^ 


15779 D A- 9 


U. S. Minister. 




































































66 


Form No. 9. 

Usual Form of Draft. 

Legatiox of the United States of America at-, 

-, 188—. 


Fifteen days after sight (acceptance waived) of this my first of exchange (second 

and third of the same tenor and date unpaid), pay-, or order,--nny 

dollars, on account of-, for the quarter ending -, as per advice. 

-, U. S. Minister, 

Hon.--, 

Secretary of -, Washington. 


Form No. 13. 
Second Form of Draft. 


OF the United States, 

-, 18f3—. 


Fifteen days after sight of this first of exchange (acceptance w’aived, and indorse¬ 
ments by procuration excepted), second and third unpaid, pay to the order of- 

-,-dollars, and charge the same to my account for-. 

-, V. S. Minister. 

To the Hon.-, 

Secretary of -, Washington, D. C. 


Form No. 14. 

Abstract of the names and description of persons to tvhom passports have been issued or visaed 
at the - of the United States at -, from - to - —, inclusive. 


When 

issued. 

To 

whom 

issued. 

whom 

issued. 

Form of 
passport. 

1 i 
' 1 

1 I 

1 1 





Description, 


tt; ^ 


'3 

•H 


^ . 

2 N 

S3 


G 

c 

P QD 
2’? 
'% 

« 


CS 

S 


-, U. S. Consul. 

Note. —This retuin to be made June 30 and December 31 of each year to the Department of State. 
If the individual is a native citizen of the United States, the abstract should give his place of birth ; 
if naturalized, the date of naturalization; the place where and the name of the court by which a cer¬ 
tificate of naturalization was granted should he stated. 

When husband, wife, and minor children expect to travel together, a single passport for the whole 
will suffice. For any other person in the party a separate passport will be required. 






































































Form No. 15, 


Passport book. 


No. 

y 

Date. 

9 

3 

s 

[z; 

Last residence. 

Place of birth. 

Profession. 

Evidence upon which 
the passport is 
granted. 

Place for which a 

visa is given. 

Description. 

Signature of the per¬ 

son to whom the 
passport is granted. 

Remarks. 










Age, 

Stature. 

Forehead, 

Eyes, 

Nose, 

Mouth, 

Chin, 

Hair, 

Complexion. 



























f 



f 


. ^ V 


I iTD E X. 


i 


A. 


Section. 

Absence; 

Leavbs of, aad appointments in certain 

countries. 146 

Not cumulative . 185 

Compensation while on leave. 186 

Are of two kinds. 186 

Character of leave desired must he dis¬ 
tinctly expressed in application for ... 186 

Computation of period of. 186 

With regard to transit time. 186 

Limitation of absences. 186 


Ministers not required to reside continu¬ 


ously at their posts. 188 

Legation, however, must be kept open 

daily. 188 

Must report departure from and return 

to post. 188 

No salary allowed for absence beyond ten 

days unless sanctioned by D<qiartment. 189 

Applications tor leave must be made by 

post. 189 

Expenses for telegraphic replies must be 

paid by officer soliciting. 190 

All absences exceeding forty-eight hours 

to be reported. 191 

All such absences to be regarded as part 
of the sixty days’ leave for which salary 

is allowed. 191 

Accounts and certificates of absence for 
use of Treasury must conform to instruc¬ 
tions . 191 

Transit while on leave. 192 

In case of transfer toother posts. 193 

(iSec Accounts.) 


i 

1 

I 

I 

1 


Accounts: 

While receiving instructions, to be ren¬ 
dered and adjusted before departure... 7 

Of agents appointed while abroad not to 
be r ndered without previous instruc¬ 
tions . 18 

Salary for transit period ceases from date 

of arrival at post. 20 

Consular and diplomatic, when offices 

are joined, to be kept separate. 35 

Consular officers left in custody of ar¬ 
chives not entitled to extra compensa¬ 
tion . 39 

Increase of rent must first be authorized. 60 

Translations to accompany vouchers .... 77 

No charge to be incurred for books with¬ 
out authority. 91 

Record book of, to be kept. 97 

No charge nllowed for keeping up the 
records in the absence of a secretary of 

legation. 102 

Binding correspondence. 107 

Bearers of dispatches.113,114 

' Allowance for rent of office w'hen located 

in minister’s residence. 204 

Combined offices of diplomatic agent and 
consuls-general, rent and contingent 

allowance. 205 

Stationery, how obtained. 206 

Fnrnitnre, character of, allowed. 207 

,, Newspapers, how many allowed. 208 

Telegrams not regarded as part of con¬ 
tingent expenses. 209 


Section. 


Accounts —Continued. 

Account of telegrams must be kept and 

sent to Department once a month. 209 

Charges for traveling expenses, &c., not 
allowed, unless authorized by Depart¬ 
ment . 210 

Repairs of .seal and furniture, moving le¬ 
gation offices, &c., are projier charges . 210 

Allowance for superadded offices. 211 

Does not apply to secretaries of legation 
acting ex officio as chargds ad interim ... 212 

When compensation for two offices is al¬ 
lowed . 213 

When offices of secretary and interpreter 
are distinct, and one officer peiforms the 

duties of both. 214 

In either case instructions from Depart¬ 
ment must he awaited before drawing 

for compensation. 215 

Compensation of consular officer when 

performing diplomatic duties. 216 

Diplomatic officer not entitled to compeu- 
satiou, if recalled for malfeasance, or re¬ 
signs ill auticipa ion of such recall, be¬ 


yond date of resignation ....217,2/2,273, 274, 

275,276 


Limitation of transit allowance to trans¬ 
ferred officers .. 218 

Transit allowance, how computed. 219 

Transit allowauct! to the United States, 

when authorized, how regulated. 220 

Transit from old to new post through 
the United States not regarded as a 

“ visit” to the United States. 221 

Instruction allow'auce when ordered tore- 
port in Washington on way to new post. 222 
Transit allowance to new post after being 

instructed. 223 

In cases where a minister is accredited 
to two or more countries the capital of 
one of the countries will be designated 

as his official residence ... 224 

Official visits to other capitals. 224 

Allowances not to overlap.. 224 

At no time can a minister receive tnore 

than a single rate of salary. 225 

Drafts to be made in United States cur¬ 
rency of its equivalent . 226 

Draft for salary not to exceed amount due 

at date of draft. 227 

How and for what period drafts for con¬ 
tingent expenses should be drawn .... 227 

Special letter of credit to secretary of le¬ 
gation, when acting charge, for con¬ 
tingent expenses. 228 

Officers in certain countries will draw on 

London bankers. 229 

Officers in certain countries will draw on 

Secretary of State. 229 

Secretaries of legation draw for salaries 

same as ministers. 230 

All drafts to be drawn at fifteen days’ 

sight.231 

Drafts for special objects not to be drawn 
until notified that accounts have been 

approved by Department. 231 

Drafts to designate accounts on which 

drawn. 232 

Sterling drafts to be rated $4.8665 to the 
pound. 232 


( 69 ) 






























































70 


Section. 


Accounts—Contiu lied. 

Drafts to be in Landwriting of drawer 

and stamped with legation seal. 233 

Sale of drafts, Low effected. 234 

Lo.ss by exchange, vouchers required ... 235 

Gain by exchange, same . 236 

Indorsements by procuration. 237 

Accounts must precede or accompany 

drafts. 238 

Accounts and vouchers to be stated in 

(1 United Slates currency. 239 

To be made quarterly. 240 

Titles of accounts. 241 

I Special accounts to be rendered separ¬ 
ately . 241 

Salary begins at date of oath of office ... 242 

' When accounts should be rendered. 242 

Salary while in transit to post. 243 

Salary while in transit home. 244 

Accounts for contingent disbursements 

must be sigui il by minister. 245 

Provisions for contiugencies during min¬ 
ister’s absence. 245 

Accounts should be made iu duplicate_ 246 

Character of accounts to be sent to De¬ 
partment . 247 

Vouchers iu a foreisu language must be 

accompanied by translations. 248 

Postage vouchers required when obtain¬ 
able . 249 

Loss by exchange ou postage. 249 

< Beavers of dispatches not to receive more 

than $6 per day and expenses. 251 

Accounts of a charge d’affairs, how ren¬ 
dered . 253 

All public moueys to be deposited with 

United States bankers. 254 

Salary’ of suspended officer, when ceases. 268 
Transit allowance of suspended officer .. 270 

Removal of suspension, when compensa¬ 
tion commem es. 271 

Compensation of officer when recalled for 

malfeasance in office. 272 

Widows of ministers and consnls or heirs- 

at-law, entitled to transit. 283 

Personal expenses not allowed. 284 

Bringing home remains of deceased min¬ 
isters and consuls. ’284 

Final settlement of accounts. 290 




Allowance : 

To widows, widows of ministers and con¬ 
suls, or heirs-atlaw, entitled to transit 


allowance. 283 

Allowances. (See Rent, Contingencies, 
Telegrams, &c.) 

Ambassadors: 

Representative character of. 33 

American Citizens. (See Citizens.) 

J^.ppeals. (See Capital Cases.) 

Appointment; 

Of persons not iu the United States. 18 


Appointments in Consular Service. (See 

Vacancies in Consular Service.) ' 

Archives: 

When they may be left in custody of con- ' 

sular officers. 39 ' 

Scrupulous care of, enjoined.. 100 I 

When accumulated iu sufficient quauti- j 

ties should be bound. 107 

Old records should be classihed, arranged, 

and bound. 109 ■ 

Archives. (See Correspondence.) 

Archives. (See Effects.) j 

Arrival at Post: j 

Regular salary begins from date of. 20 ‘ 

I 'redecessor shou Id be notihed of probable 

date of. 21 | 

Asylum: 1 

Right of, does not extend to persons out¬ 
side of agent’s household. 47 

Unsanctioued usage iu certain countries. 48 | 


Section. 


Attache: 

Use of title by clerks of legation prohib¬ 


ited . 41 

Attaches: 

Military and naval, when designated ... 69 

Appointment of, except by statute, pro¬ 
hibited . 69 

Audience: 

For presentation of letter of credence, to 
be requested through the minister for 

Foreign Affairs. 23 

Of leave taking, ceremonial of. 26 


B. 

Baggage: 

Exemption from customs duties in coun¬ 
try of residence, predi’cessor should be 
notihed of intended arrival in season to 

procure. 21 

(See also Customs Exemptions.) 

Bankers of the United States in London: 

Letter of credit upon. 2 

Beacons. (-See Light-Houses.) 

Bearers of Dispatches: 

Privileged for their service. 53 

No compensation or reimbursement of ex¬ 
penses allowed to persons for this .serv¬ 
ice without previous authority of De¬ 
partment...113,114 

When employed may be furnished with 

special passports without charge. 114 

(See also Accounts.) 

Binding : 

Correspondence to be preserved for. 99 

Books: 

Historical, geographical, and political, 
may be sent for the library of Depart¬ 
ment, but no charge to be incurred 


therefor without authority. 91 

Printed books are permanent archives of 
legation, and should be transferred to 
successor or person designated by De¬ 
partment . 106 

Buoys. (-See Light-Houses.) 


C. 


Capital cases, statutory provision : 

As to jurisdiction. 1.59 

Duty of minister in case of conviction 

entailing death penalty... 160 

When the President’s views may be re¬ 
quested . 161 

Consuls may summon associates to assist 

in deciding as to punishment. 162 

There must be not less than four associ¬ 
ates, who most all agree with consul, 
and opinion must be approved by min¬ 
ister before there can be a conviction.. 163 

Consular officers should become acquaint¬ 
ed with leading re.sident citizens of the 

United States. 164 

List of associates, who may be permitted 

to act as such on a trial. 165 

It is customary for minister to exercise 
discretionary power in cases where he 

has original jurisdiction. 166 

Sentences of criminals should be made in 
conformity with the provisions of Stat¬ 
utes of the United States. 167 

Settlement of controversies in civil cases 
shonld be made by mutual agreement, 
where practicable, or by reference to 

umpire. If8 

In some criminal cases it is proper for 
parties concerm d to settle among them¬ 
selves upon pecuniary or other con¬ 
siderations. 1 l9 

Minister may hear and decide all cases 

coming before him on appeal. 170 

He may also prescribe rules upon which 
new trials may be granted. 1 0 


































































71 


Section. 

Capital cases, statutory provision—Cont’d. 
Appeals in certain cases may be made to 

circuit court of California. 170 

Appeals from decision of consul, acting 

alone, may be taken to minister. 171 

Appeals in criminal ca.scs where asso¬ 
ciates sit with consul. 172 

Appeals in civil cases where associates 

sit w'ith consul. 17:i 

Cases. ()Sec File Casks.) 

Cautions. (»See Prohibitions.) 

Ceremonial: 

Address on presentation of credentials. 25 

Conformity to established usage enjoined 28 

Master of ceremonies to be consulted_ 29 

Minister should be accompanied by Secre¬ 
tary of Legation on certain occasions. 30 
Chancellor of Legation: 

Use of title by clerks, prohibitc«l. 41 

Charge d’affaires : 

Presentation of letter of credence of..,. 2 

Accredited to the Minister for Foreign 

Affairs.24, 33,34 

When Secretary is to act as. 36 

Consular officers, not to act as, without 

special instructions. 38 

Charge d’affaires ad interim: 

Secretary of Legation acting in absence 

of the minister. 34 

How designated and accredited when 
there is no secretary of legation to act. 34,38 


Charge d’affaires and consul-general: 

Diplomatic rank is superior to the consu¬ 
lar . 35 

Charges d’affaires ad interim : 

Usually accorded the privilege of free im¬ 
portation . 56 

Correspondence of, with Department to 
be numbered in continuation of the 

minister’s series. 71 

Charge d’affaires. (iSce Accounts.) 

China. (.See Capital Cases.) 

Cipher: 

Secrecy enjoined. 88 

Citizens: 

Powers .nnd duties of ministers in regard to. 134 
Diplomatic interference in case of claims 

of. 134 

* Citizenship: 

Persons merely declaring intention to be¬ 
come citizens are not citizens within 

the nu ailing of the law. 118 

When consular certificates of citizenship 

may be granted. 123 

Women married to citizens of the United 

States are deemed to be citizens. 132 

Civil cases. (.See Capital Cases.) 

Claims. ( A'ee Titles. ) 

Clerks of legations: 

Not dijdomatic officers. 41 

Not entitled lo extra compensation if in 

temporary charge of archives. 41 

W hen in temporary charge, may use good 

offices in emergencies. 42 

Coats of arms: 

Usage with respect to legations. 61 

Commission: 

Keceiving. 2 

Commissioners, special: 

When ranking as envoj s. 34 

Compensation while receiving instruc¬ 
tions : 

Not to exceed thirty days. 6 

Account lor time occupied, to be rendered 

and adjusted before departure. 7 

No authority to ])ay beyond thirty days. 8 

Extra, not paid to a consular officer left 

in charge of archives and property.... 39 
Confidential: 

All business of the mission to be regarded 


Section. 


Confidential—Continued, 

How communications to the Department 

may be designated as. 96 

Private communications to Secretary of 
State, on official matters, discouraged. 96 

Congress of Vienna : 

Kules of, regulating rank of diplomatic 

agents. 33 

Consul: 

In temporary charge of archives may use 

good offices in emergencies.• 42 

Consular and diplomatic officers: 

Relations between. 145 

Consular courts: 

Mode of executing and returning pro¬ 
cesses . 155 

How trials shall be conducteil. 155 

How records shall be kept. 155 

Form of oath. 155 

Fees for judicial services. 155 

How officers are appointed. 155 

Form of bail bonds. 155 

Required to make from time to time such 
further decrees and regulations as may 

be necessary. 155 

Tariff of fees to be established for judi¬ 
cial services. 155 

Regulationdecrees, ami orders to be in 
writing, and submitted to consuls for 

advice. 156 

All such regulations, decrees, and orders 

to be sent to llei»artuieut. 156 

Power of directing changes in forms and 

jiractice vested in minister. 157 

Consular jurisdiction: 

Civil and criminal proceedings vested in 

consular officers exclusively. 158 

Cases of murder and felony may be tried 

before minister. 158 

Consular office : 

Case of objection to diplomatic agent 

holding superadded office.. —, 40 

Consular officers: 

Not to act as charg6. d’affaires w ithout 

special in.strnctions. 38 

When they may take custody of legation 

and archives wntbout diplomatic rank. 39 
Have no diplomatic position. 70 


Consular recognition. (See Exequaturs.) 
Consular rights: 

Proceedings to be adopted in cases of 


arrest and imprisoument of American 

citizens. 150 

Consul-general: 

; When office is superadded, diplomatic 

rank is the higher. 35 

; When office is superadded, consular regu- 

I latious govern duties. 35 

I Allowance for rent under such circum- 

1 stances... " 3.5 

i Consuls-geneial and ministers: 

Relatiouh between. 146 

j Will exercise supervisory powers over 
I consuls and consulates where no diplo- 

j malic representatives exist. 146 

Consuls will not correspond with minis- 

I ters, except in certain eases. 146 

I Contingent allowance: 

, Letter of credit for. 2 

I When not drawn through the London 
^ bankers, special instructions will be 

given. 2 

' Contingent disbursements. (See Ac- 
i COUNTS.) 


i Contingent expenses. (6'ee Accounts.) 

Controversies, settlement of. (See Capi¬ 
tal Casks.) 
j Correspondence : 

Relative to business of mission to be in¬ 
spected in Department before depart¬ 
ure . . 


o 


























































Section. 


Coirespondence—Contiunecl. 

Consular and diplomatic, when oflSces are 

joined, to be kept separate.. 35 

Of consuls or clerks, in temporary charge, 

incase of emergency. 42 

On public affairs forbidden. 64 

Disjtatches of charg6 d’affaires. 71 

No writing to extend to inner edge of 

sheet. 71 

One subject only to be treated of in each 

dispateli. 71 

Margin to be left on inm r edge. . 71 

Requisitions to be made for dispatch-pa- 

])er. 71 

Register of numbers of dispatches to be 

kept. 71 

Uniformity of, in size and style enjoined. 71 
Dispatches to be numbered consecu¬ 
tively . 71 

Consular and diplomatic series to he 

kept and numbered s> parately. 72 

Consular and diplomatic subjects to be 

separately treated of. 73 

What subjects are diplomatic. 73 

What subjects are consular. .73 

Form of dispatches and “jacket”. 74 

Pages of dispatches to the Department " 

to be numbered. 74 

Not to be written on alternate pages- 74,81 

List of inclosures with dispatches. 75 

Newsiiaper extracts to be cut out and 

pasted.. 75 

IncloKures (tabular statements) to he cor¬ 
rectly ailded up. 75 

Printed inclosures to be sent in duplicate 

or triplicate, when possible. 76 

Translations of inclosures . 77 

Copies of original text of inclosiires in a 

foreign language to be sent. 77 

Fidelity in trauslatious enjoined. 78,85 

Inclosures to be indicated on the margin 

of the transmitting dispatch. 79 

Numbering andindorsement of inclosures. 79 
List of inclosures not to specifj" separate 

vouchers of an account. 79 

Inclosures to each dispatch to be num¬ 
bered from I onward, in order in which 

they an-to be read. 80 

Inclosures to be copied on half sheets 

when short. 81 

Inclosures to be each on a separate sheet. 81 
What parts of dispatches may be desig¬ 
nated as conhdential, and how. 82,96 

Subjrcts previously treated of to be re¬ 
ferred to by number and date. 82 

Harsh comments on local matters to he 

avoided. 83 

With foreign Government, to be in Eng¬ 
lish. 84 

In Oriental countries, generally accompa¬ 
nied with a translation, made by. inter¬ 
preter . 85 

With foroigu Government, may be accom¬ 
panied b.v translations in certain cases, 
but the English text is to be the stand¬ 
ard . 85 

Protocols and memoranda in two lan¬ 


guages. 86 

Copies of all documents relating to inter¬ 
course with foreign Governments to 
be forwarded; originals to be retained 

on legation files. 87 

Copies of all important correspondence 
with consuls to be forw'arded; originals 

to be retained on legation files. 87 

Use of cipher. 88 

relegraidi only to be used in emergencies 

or under instructions. 89 

Accurate information to be sent touching 
politics and relationsof foreign Govern¬ 
ments . 90 


Section. 


Correspondence—Continued. 


With the agents of the United States in 

other countries. 90 

General information and statistics to be 

collected.. 91 

With other Departments not to be di¬ 
rectly held, with certain exceptions... 92 

With other Departments, how to be sent 

I through Department of State. 92 

I Drafts of, to be destroyed after being re¬ 
corded . . 93 

Copies of official, not to be retained by 

agent for his personal use. 94 

Absolute prohibition against publishing 
any official papers without consent of 

Department. 95 

Confidential, with Department, how' to 

be distinguished. 96 

Confidential private letters to Seeretary 
of State on official matters discour¬ 
aged . 96 

Confid*utial, the right to make public is 

reserved by Secretary of State. 96 

List of record-books. 97 

Record-book of translations. 97 

When recorded, to be indexed by name 

and subject. 98 

To be preserved and bound. 99 

' Scrupulous care of all the archives en- 

I joined.. 100 

i Failure to keep up the records chargeable 

to the delinquent. 102 

Ministers who have no secretary of lega¬ 
tion must keep up the records as pre- 

gcribed. 102 

Records must include everything neces¬ 
sary to a complete understanding of all 

business of mission. 101 

From Department and other sources be¬ 
long to archives of legation, subject to 

orders of Department. 105 

Binding of. 107 

Manner of binding. 108 

When missing, how supplied. 108 

Of persons not members of agent’s fam¬ 
ily not allowed transmission with offi¬ 
cial correspondence. 112 

Consuls will not correspond with minis- 

j ters, except in certain cases. 146 

i Couriers: 

Privileged for their service. 53 

} Special. (See Bearers of Dispatches.) 

' Credence: 

Letter of. (See Letter of Credence.) 

Credentials: 

Presentation of, preliminaries to be ob¬ 


served . 22-24 

Credit: 

Letter of. (Nee Letter OF Credit.) 

Criminal Cases. (See Capital Cases.) 

Criminal and civil matters : 

Jurisdiction of ministers aud consuls to 
be exercised in conformity with certain 


laws... 152 

Ministers to supply defects in United 

States laws. 152 

Power of ministers to make laws, limited. 153 

Ministers required to execute power in 
conformity with laws of United States, 
with authority to supply defects in two 

cases only. 154 

Cuba: 

Consul-general only responsible to De- 

partmeut. 146 

Customs exemptions; 

Predecessor should be notified of arrival 

in advance, in order to secure. 21 

In third countries travensed on the way 

to agent’s post. 21 

In country of sojourn, limited to per¬ 
sonal use of the agent and his family.. 54 












































































73 


Section. 


Customs exemptions—Continued. 

Not extended to secretaries of legation... 55 

Usually accorded to charges d’ affaires ad 
interim . 56 


D. 

Delay during transit to post; 

Salary not to be drawn for excess beyond 
allotted time, without instructions.... 17 

Department of State: 

Register of,furnished to agen..t. 2 

Deportation of criminals : 

Certain persons forbidden to immigrate 

to the United States. 180 

Diplomatic officers enjoined to exert ac¬ 
tive vigilance to prevent deportation of 

certain persons. 180 

Should they depart, immediate notice 

should be given. 180 

Shipping of paupers or criminals should 

be prevented, if possible. 180 

Deputy consul-gener^ : 

May perform consular duties if objec¬ 
tion be made to agent holding con¬ 
sular office also. 40 

Destitute Americans: 

No appropriation for relief of.. 135 

Diplomatic agents: 

To carefully familiarize themselves with 

the records. 103 

Diplomatic body: 

Social relations with, to be cultivated.. 31 
Diplomatic and consular offices: 

Case of objection to union of. 40 

Diplomatic and consular officers ; 

Relations between. 145 

Diplomatic immimities and privileges_43-58 

Diplomatic agents cannot be compelled 

to testify in local courts. 45 

Exemption from local jurisdiction ex¬ 
tends to house, goods, and archives.... 40 

Asylum. 47,48 

Liberty of worship. 49 

Extend to agent’s household. 51 

Servants of agent liable to military duty . 51 

List of legation servants to be furnished 

to local authorities. 51 

Of consular officers in non-Christian coun¬ 
tries . 52 

Bearers of dispatches. 53 

Privilege of free importation.54, .55,56 

Free importation usually accorded to 

charges d’affaires ad interim . 56 

In a third country, in transit. 57 

Recall of agent when not persona grata .. 58 ' 

Diplomatic representatives: 

Duties of, general supervision over con¬ 
sular officers. 146 

Dispatches, bearers of. {See Bearers of 
Dispatches.) 

Dispatches. {See Correspo.ndexck.) 

Drafts. (5ee Accounts.) 


E. 

Effects: 

Transfer of, to successor. 105 

Egypt. Capital Cases.) 

Entertainments: 

Onerous charges for, not expected to be 

incurred. 31 

Envoys and ministers: 

Accredited to sovereigns. 33 

Estates: 

When a diplomatic officer may take 

charge of. 142 

How to make returns of. 143 

Etiquette. {See Ceremonial.) 

Exequaturs: 

Application for consular recognition to 

be made by minister. 149 

15775 D A- 10 


Section. 


Exchange loss and gain. {See .4ccounts.) 
Expenses. (8'ee Accounts.) 

Extradition: 

How applications for, should be made... 177 

Extraterritoriality. (5ee Diplomatic Im¬ 
munities AND Privileges.) 

Extraterritorial rights: 

Secured by treaties iucertain countries.. 151 
Statutes on the subject to be carefully 
studied. 151 


F. 

File cases : 

Sometimes found necessary for preserva¬ 


tion of papers. 110 

Flag: 

Occasions for display of. 61 


Furniture. (-See Accounts.) 

II. 

Hospitality: 

Onerous charges not incumbent on agent. 31 

I. 

Illness: 

If delay be caused by, during transit to 
post, salary not to be drawn nor account 
rendered for excess of time, without in¬ 


structions . 17 

Importation, privilege of: 

In country of sojourn, limited to the per¬ 
sonal use of the agent and his family.... 54 

{See Customs Exemptions.) 

Inclosures. (See Correspondence.) 

Index: 

Of all corressoudeuce to be kept. 98 

Of bound cerrespondence. 108 

Instructions, supplementary: 

Cases when they may be applied for. 1 

Instructions: 

Receiving, before departure. 2 

When modified by circulars. 2 

General or special, touching the business 

of the mission. 3 

Washington to be visited to receive, be¬ 
fore departure. 4 

Receiving; correspondence in the De¬ 
partment to be inspected before depart¬ 
ure . 5 

Receiving; time allowed for, before de¬ 
parture, not exceeding thirty days.... 6 

Receiving; accounts for time occupied, to 
be rendered and adjusted before de¬ 
parture . 7 

Receiving; no authority of law to allow 

salary for, beyond thirty days. 8 

Receiving; .agents appointed while 
abroad not to draw salary for, without 

previous instructions. 18 

Inventory: 

Examination of archives and property of 

legation... 104 

Of predecessor: should be verified. 104 

Additional property found: should be 
added to inventory of predecessor .... 104 

Should be filed in legation ; copy sent to 

Department. 104 

Inviolability of domicile. {See Diplomatic 
Immunities and Privileges.) 


J. 

Japan. (See Capital Cases.) 

Judicial. (5fe Extraterritorial Rights.) 
Jurisdiction, local: 

Diplomatic agents not .subject to.44,45,46 

Jurisdiction in capital cases. {See Capi¬ 
tal Cases.) 



















































74 


Section. | 


Language: i 

Cereinonia] address on presentation of cre- 

dentials to be in Englisli. 25 

Leaves of absence. (;Sce Absknck.) 1 

Legates {and nuncios) rank with ambassa¬ 
dors .4. 

Legations: 

List of, with time allowed for reaching .. 11 

Legation, offices of. {See Offices.) 

Instructions given to agents by Depart¬ 
ment and all official correspoinlence 

belonging to archives of legation. 105 ' 

Letter of credit; j 

Furnished to the agent after being com¬ 
missioned aucl taking the oath of office. 2 ^ 
Letter of credence: 

Office copy of, furnished to agent. 2 

Of chargd d’affaires furnished. 2,24 

Of envoys extraordinary or ministers res¬ 
ident, signed by the President, to be 
presented to the chief of the state.... 23 
Office copy to be delivered to minister 

for foreign affairs. 23 

Copy of, to be preserved on the files. 23 

Of a charg6 d’affaires how presented .... 24 

Ceremonial address on presentation of ... 25 

Letter of recall: 

Address on presentation of. 25 

Mode of presentation if agent has pre¬ 
viously quitted his post. 27 

Letters: 

Miscellaneous, register of. 97 

Record of, to be kept. . 97 

Letters remaining six mouths unclaimed 
should be sent to Post-Office Depart¬ 
ment .. 115 

Naval letters may be retained one year.. 116 
Unclaimed letters must not be opened nor 

stamps detached. 117 

Letters rogatory: i 

For taking testimony in United States... 141 ; 

Library: 

Of the Depai-tment of State, books for .. 91 

Light houses, buoys, &c.: 

Diplomatic officers to report all matters 
affecting navigation of waters in their 

districts..’. 183 

To report erection of new light-houses, 
removals, Arc., discovery of shoals anel 
reefs, changes in channels, fixing new 

buo^sand beacons. 183 

Loans: 

Diplomatic officers absolutely forbidden 
to indorse notes or bills of exchange 
for others. 144 j 

ITI. I 


Madagascar. {See Capital Cases.) j 

Mails: 

How transmitted. Ill ! 

Majority: 

Age at which attained. 141 

Margin : 

On inner edge of dispatches indispen¬ 
sable . 71 I 

Marriages: j 

Of persons who would be authorized to i 

marry if residing in the District of Co- j 

lumbia or iu one of the Territories, I 

celebrated iu the presence of consular 


officers valid in the United States .... 137 

Not inv.alidated by reason of the absence 

of such consular officer. 137 

Consuls not authorized to perform cere¬ 
mony. 137 

The law of the place of solemnization to 
be complied Avith as far as practicable. 137 
Exceptions to this rule. 137 


Section. 

Marriages— Continued. 

The foregoing considerations do not ap¬ 
ply to non-Christian or semi-civilized 
countries. 

May be perfortned in the legation, sub¬ 
ject to the requirements of the laws of 
the country. 

When the ceremony may not be per- 
formedin the legation. 

Consular officers shall give to each of the 
parties a certificate of marriage, under 
seal, and also send a certificate thereof 

to the Department. 

Master of ceremonies: 

To be consulted as to usage on ceremo¬ 
nial occasions..,. 

Memoranda : 

Of conferences, in two languages. 

Military attache: 

When designated. 

Military service: 

Liability of agents’ servants to. 

Military uniform and title : 

Laws governing_use of. 

Ministers and consuls-general: 

Relations between. 

Ministers resident: 

Intermediate in rank between ministers 

and chargd d’affaires. 

Ministers resident and consuls-general: 

Diplomatic rank superior to the consular. 
Miscellaneous duties: 

Ministers must not assume duties of min¬ 
isters of other countries without sanc¬ 
tion of Department . 

As to duties which involve acceptance of 

office from a foreign Government. 

Missions : 

Dijilomaticrepresentatives required to be 
thoroughlj^ acquainted with. 

Forms adapted to the transaction of busi¬ 
ness .. 

Moneys, public: 


To be delivered to successor.252, 285 

Mormon emigrants: 

Laws of United States have decided that 
polygamy is, in effect, bigamy, and pro- 
Andes for prosecution and punishment.. 181 

Ministers in certain countries liaA^e been 
instructed to urge the subject of Mor¬ 
mon eniigratiou upon the GoA^ernments 
to Avhich they are accredited. 181 

N. 

Naval attach^: 

When designated. 69 

Naval letters. {See Unclaimkt) Letters, 
Naval.) 

Naval vessels: 

Passage in. 19 

Newspaper extracts : 

How to be sent as inclosures. 75 

Newspapers. (ASee Accounts.) 

Notes. {See Loans. ) 

Nuncios (and legatees) rank with am¬ 
bassadors . 33 

O. 

Oath of office: 

To be filed ])revious to receiving general 

instructions. 2 

Office: 

Recommendations for, under the Govern¬ 
ments to which agents are accredited, 

prohibited. 66 

Offices of legation: 

When in the agent’s residence. 59 

When in a separate building, moderate 
rental may bealloAved. 60 

Not to be removed from separate quarters 
to agent’s residence Avithout Depart¬ 
ment’s approval . : 60 


137 

138 

139 

140 

29 

86 

69 

51 

63 

146 

34 

35 

174 

174 

103 

184 





























































75 


Section. 

Official duties: 

Begin with date of presentation. 32 

Orders, foreign. (See Testimonials, Pres¬ 
ents, AND Prohibitions.) 

Oriental countries: 

Semi-aunnal reports should be made of 
number, names, and occupations of per¬ 


sons applying for protection. 133 

Outfit: 

No allowance for. 9 


Overlapping salaries. (See Accounts.) 


Furnished to agent before departure.... 2 

Passport, official: 

Furnished to agent. 2 

Passports: 

Register of. . 97 

To be issued only to citizens of the United 

States. 118 

Issued to an alien is a penal offense, pun¬ 
ishable by fine and imprisonment. 118 

In the United States, can only be issued by 

the Department of State. 119 

In foreign countries, by whom issued.... 119 

Professional titles must not be inserted.. 119 

A fee of five dollars, United States gold, 

will be charged. 119 

Bases upon which passports will be issued. 120 

Persons traveling on certificates of citi¬ 
zenship from local officers not entitled 

to passports. 121 

Semi-annual returns of passports issued 

to be made to Department. 122 

How visaed, fee for same. 124 

How fees for passports and visas should 

be accounted for. 125 

What character of persons may be in¬ 
cluded therein. 126 

No vi.sas after two years. 127 

New ones may be issued in place of ones 

expired. 127 

Cautioned against fraudulent assumption 

of applicants to citizenship. 128 

When to interpo.se in behalf of citizens.. 129 

Treaty rights of naturalized citizens.... 130 

Persons born of American parents, tem¬ 
porarily residing abroad, are citizens 

and entitled to. 131 

Women married to citizens of the United 
States are deemed to be citizens and 

entitled to protection. 132 

The case of a widow and children of an 
alien who has made declaration and 
who dies before he has been actually 

naturalized. 132 

Persona grata: 

Diplomatic agents should be. 58 


Personal effects: 

Exemption of, from duties. {See CU.STOM.S 
Exe.mptions.) 

Politics: 

Prohibition against taking part in, in the 


countrj' of residence. 64 

Precedence: 

Depends on notification of arrival. 33 

In signature of treaties determined by 
lot; rule of the Congress of Vienna... 33 


Presentation of credentials. {See Letter 
OF Credence.) 

Presents: 

Not to be sought or accepted from foreign 


pow’ers. 67 

Private letters: 

To Secretary of State on official matters 

discouraged. 96 

Prohibitions: 

Against correspondence on public busi¬ 
ness . 64 


Section. 


Prohibitions—Continued. 

Against participation in local political 

questions. 64 

Against speech-making on public ques¬ 
tions . 65 

.Against recommendations for office. 66 

Pre.sents or favors from foreign Govern¬ 
ments not to bo solicited personally or 

for others. 67 

Testimonials for services rendered abroad 
cannot be accepted without consent of 

Congress. 67 

Against unauthorized attaches. 69 

Against consular officers assuming diplo¬ 
matic character. 70 

Copies of official papers not to be rol aiuod 

by agents. 94 

Against publishing any official corre¬ 
spondence without consent of Depart¬ 
ment . 95 

Private letters to Secretary of Slate on 

official topics discouraged. 96 

Protection of American interests: 

By persons not of diplomatic rank when 

in temporary charge. 42 

Protection of citizens. {See Passports.) 


Protection in Oriental countries. {See 
Oriental Countries.) 

Protocols: 

Of conferences, in foreign language, to be 
accompanied by the equivalent English 

text in parallel columns. 86 

Public moneys. {See Accounts.) 

K. 


Rank of diplomatic agents: 

Rules of Congress of Vienna. 33 

Vice-consul-general has no diplomatic 

rank. 37 

I Record: 

Official, list of, and how kept. 97 

Copy of letter of credence to be put on 

file. 23 

! Ceremonial address on presentation of 
! credentials, or on recall, to be recorded, 

and copy transmitted to Department.. 25 

To be indexed. 98 

Must include everything necessary to a 
full understanding of the business of 

I the mission. 101 

Must be kept up by the ministers who 
have no secretary of legation ; respon¬ 
sibility for failure to do so. 102 

; Real property: 

i Of agent, in country of residence, sub¬ 
ject to local laws. 44 

Recall. {See Termination of Office.) 
Reception at post: 

! Preliminaries to be observed, request for 
! audience to present letter of credence. 22 

Recommendations to office: 

! In country of residence forbidden. 66 

I Do not extend to recommendations for 

i subordinate offices in mission. 66 

'Reefs. (See Light-Houses.) 

1 References: 

For business or other enterprises on the 
part of diplomatic officers strictly for¬ 
bidden . 144 

Register of Department of State : 

Furnished to ag?nt. 2 

Register: 

Of dispatches to be kept. 71 

Of letters received and sent. 97 

Of passports. 97 

Of official correspondence how kept.... 97 
Relations: 

Between Congress and ministers. 145 

































































76 


Section. 

Rent: 

No increase of, to be incurred without 

special permission.. GO 

Of legation. (5ee Account.s.) 

Repairs. {See Accounts.) 

Report: 

Condition of archives and records should 


be reported to Department. 104 

Residence: 

Offices of the legation in. 59 

Restrictions. {See Prohibitions.) 

Reticence: 

Enjoined. 62 


S. 


Salary account. (ySee Accounts.) 

Salary: 

Letter of credit for. 

When not drawn through the London 
bankers, special instructions will be 

given . 

While receivnng instructions; no author¬ 
ity to pay beyond thirty days’. 

In lieu of outfit or transportation, not al¬ 
lowed. 

Allowed during transit to post, within 

prescribed limits. 

Of agent appointed while abroad, begins 
regularly with entrance upon official 

duties. 

For instruction or transit period, not to be 
drawn without previous instructions if 
the agent be abroad when appointed.. 
For transit period ceases upon arrival at 

post. 

Schedule of time allotted for transit to 

several posts . 

Secretaries of legation: 

Should accompany the agent on present¬ 
ing their credentials. 

Diplomatic rank is superior to consular.. 

When to act as charg6 d’affaires. 

“Public ministers,” immunities of. 

Not entitled to privilege of free importa¬ 
tion . 

No persons to be so styled, without au¬ 
thority . 

In absence of, ministers must keep up 
the records as prescribed, without 

charge for. 

Duties not susceptible of minute defini¬ 
tion, must be determined bj' circum¬ 
stances . 

Must observe reticence with regard to af¬ 
fairs of their legation .. 

Clerical duties of. 

Custody of archives. 

Attendance during office hours. 

Only recognized by foreign Government 

in absence of minister. 

Duties of, while acting as charg4. 

Compensation while acting as charge... 
Authorized to administer oaths, take dep¬ 
ositions, and generally to perform no¬ 
tarial acts. 

Notarial acts, &c., not mandatory. 

Compensation for such services belong to 

him personally. 

Will ute the seal of the legation when 

required. 

If a consul be present, such duties should 

be ])erformed by him. 

Second Secretaries of legation: 

Distribution of duties. 

No extra compensation of, acting as first 

secretary . 

Only acts as charge in absence of both 

minister and fiist secretary. 

Compensation in such case, same as in 
case of first secretary. 


2 


2 

6.8 

9 

10 


18 


18 j 
0 ' 
11 


30 

35 

36 
50 

55 

69 


1 


102 


194 

194 

195 
195 

195 

196 

197 

198 


199 

199 

199 

199 

199 

200 
201 
202 
202 


Section. 

Secrecy. (5ee Prohibitions.) 

Secretary of State: 

Ministers to visit Washington to confer 


with, before departure. 4 

Sentences in capit^ cases. {See Capital 
Cases.) 

Separate accounts. (<Sce Accounts.) 

Servants: 

Case of, if liable to military duty. 51 

List of, to be furnished to local authorities 51 
Shipwrecked American seamen: 

Provisions for testimonials for saving 

lives at sea. 182 

How awarded and presented. 182 

Diplomatic agents should report all in¬ 
stances of shipwreck coming to their 

knowledge. 182 

The Government must not be pledged to 

any form of recognition. 182 

Shoals. {See Light-Houses.) 

Siam, Capital Cases.) 

Social relations: 

To be cultivated. 31,90 

Countrymen have no claim upon minister 
requiring the incurrence of expenses.. 136 
Special accounts. (iSee Accounts.) 
Speech-making: 

On public questions in country of resi¬ 
dence prohibited. 65 

Stationery. (aScc Accounts.) 

Superadded offices. {See Accounts.) 
Suspension, consular service; 

Ministers may suspend, temporarily, for 


cause, consuls and commercial agents. 148,149 

T. 

Telegraph: 

Not to be used except in urgent cases 

under instructions. 89 

{See also Accounts.) 

Temporary recognition of subordinate offi¬ 
cers : 

Measures taken, pending receipt of exe¬ 


quaturs. 149 

Termination of office: 

Resignations, how tendered. 255 

When resignations may take effect. 257 

Resignation while on leave in the United 

States. 258 

Resignation while on leave but absent 

from .the United States. 259 

Resignation to take effect at end of leave. 260 

Transfer to another post. 261 

Recall at pleasure of President. 262 

When functions cease. 262 

Recall while on leave. 263 

Suspension of any officer. 264 

Opinion of Attorney-General. 265 

Nomination of succes-sor. 267 

Failure to confirm successor, restores sus¬ 
pended officer. 267 

When salary ceases. 268 

Suspension while absent from post, when 

effective. 269 

Transit allowance of suspended offieer... 270 

Resumption of duties of suspended officer. 271 

Recall for malfeasance, when effective.. 272 

When held to resign for malfeasance.... 273 

When Congress fails to provide for the 

continuance of an office. 277 

Officer may serve without pay. 277 

Transit allowance in such cases. 278 

In case of transfer to another post. 279 

Official status of such officer. 280 

Compensation ceases with death. 282 

Widows of ministers or consuls, or heirs- 
at-law, entitled to transit allowance 

home. 283 

Funeral expenses not allowed. 284 

Bringing home remains of ministers and 
consuls. 285 







































































77 


Section. 


Termination of office—Continued. 

A retiring minister has no right to install 
a consular officer in charge unless au¬ 
thorized by the President. 286 

Farewell visits. 287 

When official duties cease. 288 

Homeward transit to be performed within 
a reasonable period after close of serv¬ 
ice . 9 

Transit allowance to be adjusted in the 

United States. 290 

Final settlement of accounts. 290 

Free entry of effects of retiring minister. 291 

Name of vessel transporting effects should 

be given. 291 

Free entry not granted when coming home 

merely on leave. 291 

Testimonials: 

For services by agents abroad cannot be 

acc' pted without consent of Congress. 67 

Offer of, to agents, should be discouraged 68 


(See also Shipwrecked American Sea¬ 
men.) 

Titles of accounts. (5e« Accounts.) 

Titles: 

Examination of, examination of private 
claims, &c., cannot be complied with 
except under specific instructions from 


Department. 144 

Transfer of effects: 

Of all kinds to successor in office. 105 

Transit salary. (Sec Accounts.) 

Transit to post: 

No allowance for expense of. 9,19 

Salary during, prescribed. 10 

To be by the usual and direct route. 10 

Schedule of maximum time— allowances 

for. 11 

When the seat of Government is not at 
the national capital, to be reported for 

instructions. 12 

Time for, includes the journey from the 

agent’s residence to Washington. 13 

American posts not to be reached or re¬ 
turned from by way of Europe, unless 

time is thereby saved. 14 

Time saved not to be devoted to stop¬ 
pages or deviations from direct route. 15 
Due diligence to be used to make the 

journey speedily and avoid delay. 15,16 

Delays by illness or unforeseen cause, law 

15775 D A- 11 


Section. 


Transit to post—Continued. 

, allows no extension of time fixed by 

I schedule. 17 

I Of an appointee at the time abroad, sal¬ 
ary for, not to be drawn without pre¬ 
vious instructions. 18 

Passage in naval vessels. 19 

Salary during, ceases upon arrival at 

post. 20 

Translations: 

! Record book of, to be kept. 97 

Translations, (^ee Correspondence.) 
Transportation to post: 

No allowance for. 9 

Treaties: 

' Full powers will be given to ministers to 

negotiate treaties or conventions. 175 

Provisional negotiations without full 

powers. 176 

I Will adhere to the principle of the alier- 

nat in signing treaties. 177 

Clerical iireparation of. 178 

i 

u. 

Uniform: 

When authorized by Congress. 63 


V. 


Vacancies, consular service: 

Cases where minister has authority to 

make temporary appointments. 147 

Cases where consuls-general have author¬ 
ity to make temporary appointments.. 147 
In office of consul-general, minister may 

appoint. 147 

Vice-consul-general: 

Has no diplomatic rank. 37 

Visas. (8'ee Passports.) 

Volunteer uniform and title : 

When allowed. 63 

Vouchers. (See Accounts.) 


W. 

I 

' Washington; 

' To be visited to receive instructions .... 4 

i Widows. (-See Allowance TO Widows.) 
Women, aliens. (-See Passports.) 

Worship: 

' Liberty of, in agent’s domicile. 49 


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